{"data":{"id":"us-ky/krs-421.500","jurisdiction":"us-ky","citation":"KRS 421.500","heading":"\"Victim\" defined for KRS 421.500 to 421.575 -- Applicability -- Required","body":"notifications -- Duties of public officers and agencies -- Restitution --\nConstruction of KRS 421.500 to 421.575.\n(1) (a) As used in KRS 421.500 to 421.575, \"victim\" means a n individual directly\nand proximately harmed as a result of:\n1. The commission of a crime classified as a felony; a misdemeanor\ninvolving threatened or actual physical injury, harassment, or restraint; a\nmisdemeanor involving a child or incompetent person;  or a\nmisdemeanor involving a sexual offense or a trespass; or\n2. Conduct which, if committed by an adult, would be classified as a felony\nor a misdemeanor described in subparagraph 1. of this paragraph.\nIf the victim is a minor, incapacitated, or decease d, \"victim\" also means one\n(1) or more of the victim's spouse, parents, siblings, children, or other lawful\nrepresentatives which shall be designated by the court unless the person is the\ndefendant or a person the court finds would not act in the best inte rests of the\nvictim.\n(b) In a case in which the number of victims makes it impracticable to accord all\nvictims those rights provided by KRS 421.500 to 421.575, the court may\nfashion a reasonable procedure that does not unduly complicate or prolong the\nproceeding, to give effect to this section.\n(c) If the victim is deceased and the relation is not the defendant, the following\nrelations shall be designated as \"victims\" for the purpose of presenting victim\nimpact testimony under KRS 532.055(2)(a)7.:\n1. A spouse;\n2. An adult child;\n3. A parent;\n4. A sibling; and\n5. A grandparent.\n(2) If any court believes that the health, safety, or welfare of a victim who is a minor or\nis legally incapacitated would not otherwise adequately be protected, the court may\nappoint a special advocate to represent the interest of the victim and to exercise\nthose rights provided for by KRS 421.500 to 421.575. Communication between the\nvictim and the special advocate shall be privileged.\n(3) Law enforcement personnel shall ensure that victims receive information on\navailable protective, emergency, social, and medical services upon initial contact\nwith the victim and are given information on the following as soon as possible:\n(a) Availability of crime victim compensation where applicable;\n(b) Community-based treatment programs;\n(c) The criminal justice process as it involves the participation of the victim or\nwitness;\n(d) The arrest of the accused; and\n(e) How to register to be notified when a p erson has been released from prison,\njail, a juvenile detention facility, or a psychiatric facility or forensic\npsychiatric facility if the case involves a violent crime as defined in KRS\n439.3401 and the person charged with or convicted of the offense has  been\ninvoluntarily hospitalized pursuant to KRS Chapter 202A.\n(4) Law enforcement officers and attorneys for the Commonwealth shall provide\ninformation to victims and witnesses on how they may be protected from\nintimidation, harassment, and retaliation as defined in KRS 524.040 or 524.055.\n(5) Attorneys for the Commonwealth shall make a reasonable effort to insure that:\n(a) All victims and witnesses who are required to attend criminal justice\nproceedings are notified promptly of any scheduling changes that  affect their\nappearances;\n(b) If victims so desire and if they provide the attorney for the Commonwealth\nwith a current address and telephone number, they shall receive prompt\nnotification, if possible, of judicial proceedings relating to their case,\nincluding but not limited to the defendant's release on bond and any special\nconditions of release; of the charges against the defendant, the defendant's\npleading to the charges, and the date set for the trial; of notification of changes\nin the custody of the defendant and changes in trial dates; of the verdict, the\nvictim's right to make an impact statement for consideration by the court at the\ntime of sentencing of the defendant, the date of sentencing, the victim's right\nto receive notice of any parole board  hearing held for the defendant, and that\nthe office of Attorney General will notify the victim if an appeal of the\nconviction is pursued by the defendant; and of a scheduled hearing for shock\nprobation or for bail pending appeal and any orders resulting f rom that\nhearing;\n(c) The victim knows how to register to be notified when a person has been\nreleased from a prison, jail, a juvenile detention facility, or a psychiatric\nfacility or forensic psychiatric facility if the case involves a violent crime as\ndefined in KRS 439.3401 and the person charged with or convicted of the\noffense has been involuntarily hospitalized pursuant to KRS Chapter 202A;\n(d) The victim receives information on available:\n1. Protective, emergency, social, and medical services;\n2. Crime victim compensation, where applicable;\n3. Restitution, where applicable;\n4. Assistance from a victim advocate; and\n5. Community-based treatment programs; and\n(e) The victim of crime may, pursuant to KRS 15.247, receive protection from\nharm and threats of harm arising out of cooperation with law enforcement and\nprosecution efforts.\n(6) The victim shall be consulted by the attorney for the Commonwealth on the\ndisposition of the case, including dismissal, release of the defendant pending\njudicial proceedings, any conditions of release, a negotiated plea, and entry into a\npretrial diversion program.\n(7) In prosecution for offenses listed in this section for the purpose of defining\n\"victim,\" law enforcement agencies and attorneys for the Commonwealth shall\npromptly return a victim's property held for evidentiary purposes unless there is a\ncompelling reason for retaining it. Photographs of such property shall be received\nby the court as competent evidence in accordance with the provisions of KRS\n422.350.\n(8) A victim or witness who so requests shall be assisted by law enforcement agencies\nand attorneys for the Commonwealth in informing employers that the need for\nvictim or witness cooperation in the prosecution of the case may necessitate absence\nof that victim or witness from work.\n(9) The Attorney General, where possible, shall provide technical assistance to law\nenforcement agencies and attorneys for the Commonwealth if such assistance is\nrequested for establishing a victim assistance program.\n(10) If a defendan t seeks appellate review of a conviction and the Commonwealth is\nrepresented by the Attorney General, the Attorney General shall make a reasonable\neffort to notify victims promptly of the appeal, the status of the case, and the\ndecision of the appellate court.\n(11) Full restitution to a named victim, if there is a named victim, shall be ordered by the\ncourt to be paid by the convicted or adjudicated party in a manner consistent,\ninsofar as possible, with this section and KRS 439.563, 532.032, 532.033, 533.0 20,\nand 533.030 in addition to any other penalty.\n(12) Nothing in KRS 421.500 to 421.575 shall be construed as altering the presumption\nof innocence in the criminal justice system, or to be a waiver of sovereign immunity\nor any other immunity or privilege maintained by the Commonwealth; its cabinets,\ndepartments, bureaus, political subdivisions, and agencies; and its officers, agents,\nand employees.","path":["KRS Chapter 421"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50503","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:39Z","sha256":"ddee23393711f2037ad633291d6442ed1b372bec2ad3f298dd08e75c73c4cf90","source_id":"us-ky","stale":false,"prev":"us-ky/krs-421.360","next":"us-ky/krs-421.510"},"notice":"GroundRules: Original legal text. Not legal advice."}