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Kentucky · Snapshot 09/05/2026

KRS 640.040: Capital punishment and other prohibited dispositions.

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  1. KRS Chapter 640

(1) No youthful offender who has been convicted of a capital offense who was under

the age of sixteen (16) years at the time of the commission of the offense shall be

sentenced to capital punishment. A youthful offender may be sentenced to capital

punishment i f he was sixteen (16) years of age or older at the time of the

commission of the offense. A youthful offender convicted of a capital offense

regardless of age may be sentenced to a term of imprisonment appropriate for one

who has committed a Class A felony and may be sentenced to life imprisonment

without benefit of parole for twenty-five (25) years.

(2) No youthful offender shall be subject to persistent felony offender sentencing under

the provisions of KRS 532.080 for offenses committed before the age of eighteen

(18) years.

(3) No youthful offender shall be subject to limitations on probation, parole or

conditional discharge as provided for in KRS 533.060.

(4) Any youthful offender convicted of a misdemeanor or any felony offense which

would exempt him f rom KRS 635.020(2), (3), (4), (5), (6), (7), or (8) shall be

disposed of by the Circuit Court in accordance with the provisions of KRS 635.060.

Collected 2026-09-05T21:00:09Z. Source file · JSON

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