{"data":{"id":"us-ky/krs-508.032","jurisdiction":"us-ky","citation":"KRS 508.032","heading":"Assault of family member or member of an unmarried couple --","body":"Enhancement of penalty.\n(1) If a person commits a third or subsequent offense of assault in the fourth degree\nunder KRS 508.030 within five (5) years, and the relationship between the\nperpetrator and the victim in each of the offenses meets the definition of family\nmember or member of an unmarried couple, as defined in KRS 403.720, then the\nperson may be convicted of a Class D felony. If the Commonwealth desires to\nutilize the provisions of t his section, the Commonwealth shall indict the defendant\nand the case shall be tried in the Circuit Court as a felony case. The jury, or judge if\nthe trial is without a jury, may decline to assess a felony penalty in a case under this\nsection and may convict the defendant of a misdemeanor. The victim in the second\nor subsequent offense is not required to be the same person who was assaulted in\nthe prior offenses in order for the provisions of this section to apply.\n(2) In determining the five (5) year perio d under this section, the period shall be\nmeasured from the dates on which the offenses occurred for which the judgments of\nconviction were entered by a court of competent jurisdiction.","path":["KRS Chapter 508"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19731","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:01Z","sha256":"1727bc128e569f08367fae7a315d6bc73a3d2889047dd4fc91ee3cf467952e3a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-508.030","next":"us-ky/krs-508.040"},"notice":"GroundRules: Original legal text. Not legal advice."}