{"data":{"id":"us-ky/krs-532.045","jurisdiction":"us-ky","citation":"KRS 532.045","heading":"Persons prohibited from probation or postincarceration supervision --","body":"Procedure when probation or postincarceration supervision not prohibited.\n(1) As used in this section:\n(a) \"Position of authority\" means but is not limited to the position occupied by a\nbiological parent, adoptive parent, stepparent, foster parent, relative,\nhousehold member, adult youth leader, recreational staff, or volunteer who is\nan adult, adult athletic manager, adult coach, teacher, classified school\nemployee, certified school employee, counselor, staff, or volunteer for either a\nresidential treatment facility or a detention facility as defined in KRS\n520.010(4), staff or volunteer with a youth services organization, religious\nleader, health-care provider, or employer;\n(b) \"Position of special trust\" means a position occupied by a person in a position\nof authority who by reason of that position is able to exercise undue influence\nover the minor; and\n(c) \"Substantial sexual conduct\" means penetration of the vagina or rectum by the\npenis of the offender or the victim, by any foreign object; oral copulation; or\nmasturbation of either the minor or the offender.\n(2) Notwithstanding other provisions of applicable law, probation shall not be granted\nto, nor shall the execution or imposi tion of sentence be suspended for, nor shall a\nfinding bringing the defendant within the provision of this section be stricken for a\nperson convicted of violating KRS 510.050, 510.080, 529.040, 529.070, 529.100\nwhere the offense involves commercial sexual activity, 530.020, 531.310, 531.320,\nor 531.370, or criminal attempt to commit any of these offenses under KRS\n506.010, and, who meets one (1) or more of the following criteria:\n(a) A person who commits any of the offenses enumerated in this subsection\nagainst a minor by the use of force, violence, duress, menace, or threat of\nbodily harm;\n(b) A person who, in committing any of the offenses enumerated in this\nsubsection, caused bodily injury to the minor;\n(c) A person convicted of any of the offenses enumer ated in this subsection and\nwho was a stranger to the minor or made friends with the minor for the\npurpose of committing an act constituting any of the offenses enumerated in\nthis subsection, unless the defendant honestly and reasonably believed the\nminor was eighteen (18) years old or older;\n(d) A person who used a dangerous instrument or deadly weapon against a minor\nduring the commission of any of the offenses enumerated in this subsection;\n(e) A person convicted of any of the offenses enumerated in this  subsection and\nwho has had a prior conviction of assaulting a minor, with intent to commit an\nact constituting any of the offenses enumerated in this subsection;\n(f) A person convicted of kidnapping a minor in violation of the Kentucky Penal\nCode and who kidnapped the minor for the purpose of committing an act\nconstituting any of the offenses enumerated in this subsection;\n(g) A person who is convicted of committing any of the offenses enumerated in\nthis subsection on more than one (1) minor at the same ti me or in the same\ncourse of conduct;\n(h) A person who in committing any of the offenses enumerated in this subsection\nhas substantial sexual conduct with a minor under the age of fourteen (14)\nyears; or\n(i) A person who occupies a position of special trust  and commits an act of\nsubstantial sexual conduct.\nNothing in this section shall be construed to prohibit the additional period of five\n(5) years' postincarceration supervision required by KRS 532.043.\n(3) If a person is not otherwise prohibited from obtaining probation or conditional\ndischarge under subsection (2), the court may impose on the person a period of\nprobation or conditional discharge. Probation or conditional discharge shall not be\ngranted until the court is in receipt of the comprehensive sex offender presentence\nevaluation of the offender performed by an approved provider, as defined in KRS\n17.500 or the Department of Corrections. The court shall use the comprehensive sex\noffender presentence evaluation in determining the appropriateness of probation or\nconditional discharge.\n(4) If the court grants probation or conditional discharge, the offender shall be required,\nas a condition of probation or conditional discharge, to successfully complete a\ncommunity-based sexual offender treatment program operated or approved by the\nDepartment of Corrections or the Sex Offender Risk Assessment Advisory Board.\n(5) The offender shall pay for any evaluation or treatment required pursuant to this\nsection up to the offender's ability to pay but not more than the actual cost of the\ncomprehensive sex offender presentence evaluation or treatment.\n(6) Failure to successfully complete the sexual offender treatment program constitutes\ngrounds for the revocation of probation or conditional discharge.\n(7) The comprehensive sex offender presentence evaluation and all communications\nrelative to the comprehensive sex offender presentence evaluation and treatment of\na sexual offender shall fall under the provisions of KRS 197 .440. The\ncomprehensive sex offender presentence evaluation shall be filed under seal and\nshall not be made a part of the court record subject to review in appellate\nproceedings and shall not be made available to the public.\n(8) Before imposing sentence, the court shall advise the defendant or his counsel of the\ncontents and conclusions of any comprehensive sex offender presentence evaluation\nperformed pursuant to this section and afford a fair opportunity and a reasonable\nperiod of time, if the defendant s o requests, to controvert them. The court shall\nprovide the defendant's counsel and the Commonwealth's attorney a copy of the\ncomprehensive sex offender presentence evaluation. It shall not be necessary to\ndisclose the sources of confidential information.\n(9) To the extent that this section conflicts with KRS 533.010, this section shall take\nprecedence.","path":["KRS Chapter 532"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43497","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:05Z","sha256":"e586aa9b7d5be364f794383a1d06c0cb67f8d834b2fa02a63ec91085f1d23d74","source_id":"us-ky","stale":false,"prev":"us-ky/krs-532.043","next":"us-ky/krs-532.046"},"notice":"GroundRules: Original legal text. Not legal advice."}