Legal Question in Criminal Law in Kentucky

Mental abuse

What are the maximum and minimum fines and sentences for a mental abuse charge in the state of Kentucky towards a minor by a step-parent? How long does the law allow the party(ies) to wait before pressing charges?


Asked on 6/12/02, 6:00 pm

2 Answers from Attorneys

Charles Coy Coy, Gilbert & Gilbert

Re: Mental abuse (Criminal abuse)

Abuse means the infliction of physical pain, injury, or mental injury. To be guilty of the crime one must intentionally or wantonly abuse or cause the custodial person to abuse a person under twelve (12). If the abuse is intentional, penalty is 5 to 10 years imprisonment. If it is wanton, penalty is 1 to 5 years imprisonment. If it is recklessy inlficted, penalty is up to 12 months; this is misdemeanor. All of the above may also result in a fine in addition or in place of the imprisonment.

There is no statute of limitations on a felony in Kentucky (the first two above). There is a one year statute on the misdemeanor ("recklessly").

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Answered on 6/19/02, 1:17 pm
Jerome Baker Jr Jerome (Jerry) Baker Jr

Re: Mental abuse

There is no crime in Kentucky named "mental abuse". There is no time limit on Felonies in Kentucky. The statute of limitations on Misdemeanors in Kentucky is one year. To answer the question one would need the specific facts constituting the alleged crime. Without that no truthfull answer can be given. If you have information that a child has been abused you should consult with your attorney first. Reports of child abuse to agencies of the Commonwealth of Kentucky are almost always confidential. You may report it without fear of reprisals against you unless the information you report is shown later to be false. Accuracy is important.

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Answered on 6/13/02, 6:27 am


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