KRS 527.200: Use of a weapon of mass destruction in the first degree.

(1) A person is guilty of use of a weapon of mass destruction in the first degree when

he or she intentionally, without lawful authority, places a weapon of mass

destruction at any location in the Commonwealth and, as a result, any person other

than the defendant is killed or receives serious physical injury.

(2) A weapon of mass destruction is used with lawful authority if it is used with the

written permission of an agency of the Commonwealth or of a city, county, charter

county, or urban-county government having jurisdiction over the use of destructive

devices as defined in KRS 237.030 or the use of explosives.

(3) Use of a weapon of mass destruction in the first degree is a Class A felony unless a

person other than the defendant is killed as a result, in whi ch case it is a capital

offense.