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Does KRS 525.070 Harassment Physical Contact No Injury fall into the category of MCDV?

Lexington, KY |

It is listed as possible MCDV offense that could trigger the "Lautenberg amendment" gun ban on many websites relating to KY CCDW licenses.

Attorney Answers 2

Posted

There is no confidentiality online. If charged with a crime, the accused is presumed innocent until proven guilty beyond reasonable doubt.

Best person to ask is your attorney. If you cannot find your attorney, or find a local attorney on Avvo, a good place to look is the website for the National Association of Criminal Defense Lawyers (NACDL.org)
NACDL local members: (http://tinyurl.com/8ru8wtv)
NACDL Local affiliates: (http://tinyurl.com/8akw2gd)

FEDERAL LAW: POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON:
18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. Possible minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony.

Elements:
A. Possession or receipt of a firearm or ammunition;

B. By a subject who falls within one of the following categories: Felons; Addicts; Aliens; Subjects to a domestic restraining order; Prior conviction for domestic assault; Fugitive from justice; or Dishonorably discharged from the military;

C. The firearm or ammunition was transported across a state line at any time.

There may also be state considerations: http://www.handgunlaw.us/states. (I make no representations about the site's accuracy or currentness; you should double check on your state legislature website or local law library.) Another helpful site: http://www.abacollateralconsequences.org

Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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Posted

You need to contact a criminal defense attorney to represent you on the criminal charge. www.kacdl.net

KRS 525.070 is reproduced below. It is can be a crime, or a violation:

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Kentucky Revised Statutes
Title 50. KENTUCKY PENAL CODE
Chapter 525. RIOT, DISORDERLY CONDUCT, AND RELATED OFFENSES
Current through 2013 Ky. Acts ch. 134
§ 525.070. Harassment

(1) A person is guilty of harassment when, with intent to intimidate, harass, annoy, or alarm another person, he or she:
(a) Strikes, shoves, kicks, or otherwise subjects him to physical contact;
(b) Attempts or threatens to strike, shove, kick, or otherwise subject the person to physical contact;
(c) In a public place, makes an offensively coarse utterance, gesture, or display, or addresses abusive language to any person present;
(d) Follows a person in or about a public place or places;
(e) Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose; or
(f) Being enrolled as a student in a local school district, and while on school premises, on school-sponsored transportation, or at a school-sponsored event:
1. Damages or commits a theft of the property of another student;

2. Substantially disrupts the operation of the school; or

3. Creates a hostile environment by means of any gestures, written communications, oral statements, or physical acts that a reasonable person under the circumstances should know would cause another student to suffer fear of physical harm, intimidation, humiliation, or embarrassment.

(2)
(a) Except as provided in paragraph (b) of this subsection, harassment is a violation.
(b) Harassment, as defined in paragraph (a) of subsection (1) of this section, is a Class B misdemeanor.
Cite as KRS 525.070

History. Effective: July 15, 2008
Amended 2008, Ky. Acts ch. 125, sec. 4, effective July 15, 2008. -- Amended 1996, Ky. Acts ch. 345, sec. 3, effective July 15, 1996. -- Created 1974 Ky. Acts ch. 406, sec. 217, effective January 1, 1975.
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I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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