KRS 510.015: Treatment of third or subsequent misdemeanor under KRS Chapter 510

as Class D felony.

Unless a higher penalty is otherwise prescribed and notwithstanding any provision of this

chapter to the contrary, a person who commits a third or subsequent misdemeanor offense

under this chapter, except for violations of KRS 510.150, may be convicted of a Class D

felony. If the Commonwealth desires to utilize the provisions of this section, the

Commonwealth shall indict the defendant and the case shall be tried in t he Circuit Court

as a felony case. The jury, or judge if the trial is without a jury, may decline to assess a

felony penalty in a case under this section and may convict the defendant of a

misdemeanor.