Every state in the USA has its own way of regulating sex offenders and ensuring they won’t be able to attack again. In addition to prison sentences, the sex offender registry is one of the most efficient tools to stop sex offenders from committing more crimes.
While all 50 states are united on using a sex offender registry against future sex crimes, each state has a slightly different way of utilizing it.
In the article below, you will be able to read how the state of Kentucky uses the registry, as well as, what restrictions it poses to sex offenders to keep the public safe from them.
Kentucky Sex Offender Registration Laws
The total number of registered sex offenders in Kentucky is 9,178, or 204 per 100,000 residents, all of which have a legal obligation to regularly update their information in the Kentucky sex offender registry.
The Kentucky sex offender registry requirements are considered to be above average in terms of strictness. Unlike most states that have three tiers of sex offender registry requirements, sex offender laws in Kentucky only recognize two, lifetime, and 20 years.
Lifetime Registry Requirements
Sex offenders convicted of rape in the first degree with elements of:
- Sexual intercourse with forcible compulsion
- Sexual intercourse where the victim is younger than 12 years old
- Sexual intercourse where the victim is physically helpless
and sex offenders convicted of sodomy in the first degree with elements of:
- Deviate sexual intercourse with forcible compulsion
- Deviate sexual intercourse where the victim is physically helpless
- Deviate sexual intercourse where the victim is younger than 12 years old
are obligated to update their information in the Kentucky sex offender registry every three months until the rest of their life.
Additionally, sex offenders who already have prior sex crime convictions, or those labeled as sexually violent predators, and other exceptions, can also get the lifetime registry requirements.
20-Year Registry Requirements
Most sex crimes in Kentucky are punished with a 20-year registry obligation, which requires sex offenders to update their information every year. The list of offenses that qualify for the 20-year penalty is extensive, so here are just a few examples:
- Rape in the second and third degree
- Sodomy in the second and third degree
- Sexual abuse in the first and second degree
- Electronic solicitation of a minor for sex or other illegal activity
- Video voyeurism where the victim is a minor
- Distribution of sexually explicit images of a minor without consent
- Human trafficking or promoting human trafficking
- Incest
The list goes on and on. Essentially, apart from the sex crimes punished with a lifetime registration sentence and a few misdemeanors and violations, which are punished with between 90 days and 12 months sentences, all other sexual offenders in KY get the 20-year penalty.
What Exactly Is Required of Registered Sex Offenders in KY?
Regardless of the frequency of their updates, all sexual offenders in Kentucky are obligated to provide accurate information to the sex offender registry office and keep it current. For example, if they move, they have five days to update their address information with the registry.
While most states require sex offenders to update their registry information in person, Kentucky state laws allow updating the information online. However, registrants still have to go to the office at least once every two years to get photographed.
In addition to sex offenders who were convicted or incarcerated in its jurisdiction, the state of Kentucky also requires sex offenders who reside, work, or attend school in Kentucky to register and keep information current in its registry. On their initial arrival in Kentucky, sex offenders from other states have five days to provide information to its sex offender registry.
In some instances, the Kentucky state sex offender law is more lenient than what the national guidelines by SORNA require it to be. For example, the Kentucky sexual offender registry doesn’t collect information about the offenders:
- Driver’s license
- Employee information
- Palm prints
- Passports and immigration documents
- Phone numbers
- Professional licensing information
- Temporary logging information
- Vehicle information
That being said, the registry will still hold identifiable information about the sex offender, such as their name, address, and offense, and share it with the general public on its website.
The Restrictions Faced by Sexual Offenders in Kentucky
Besides prison or jail time, having their information in the sex offender registry is one of the biggest obstacles that sex offenders face. In addition to the embarrassment and disintegration from their family and friends, it is not unusual for sex offenders to get humiliated by the public.
Most sex offenders encounter verbal, and on rarer occasions, physical abuse, even by people that are not closely related to them.
Moreover, getting a job while having your name on the Kentucky sexual offender list has proven to be quite exasperating. While there are certain job positions from which sex offenders are automatically disqualified, most employers are hesitant to employ a registered sex offender even when there are no laws against them.
Even if they look for jobs that don’t do background checks, the information about their crimes is publicly available for everyone on the registry, making job hunting as a sex predator a very difficult task.
Kentucky Sex Offender Residency Restrictions
The location of their living arrangement and housing for sex offenders in Kentucky are regulated by law. They are prohibited from residing within 1,000 feet of preschools, elementary schools, middle schools, high schools, playgrounds, or licensed daycare facilities. If a new facility of this kind opens within the 1,000 feet limit, the sex offender has 90 to move.
If a sex offender from Kentucky wants to move to a different living arrangement, they must get the approval of a corrections officer for their desired residence. Additionally, if they want to leave their city, county, or state, they have to inform the Kentucky registration office, and also register in their new place of residence within 24 hours after arriving.
Finally, a Kentucky sex offender older than 18, convicted of sex crimes against a minor, will be prohibited from residing in the same house with a minor, unless that minor is their close relative. However, if the sex crimes they were convicted of were committed against that minor, which is their close relative, they are prohibited from living with them as well.
KY Sex Offender Rules for Traveling
The traveling restrictions for registered sex offenders from KY can vary depending on multiple factors. First of all, they have to consider their registry obligations and ensure they are in Kentucky to update their information on time.
Failing to do so will be regarded as breaking the law, and they will face a class D felony conviction, punishable by a prison sentence of between one and five years. If they repeatedly miss their term, it can be upgraded to a class C felony, punishable with five to ten years of prison time.
Next, they have to contact the Kentucky sexual offender registry office and inform it of their traveling plans. Some sex offenders may not be given permission to leave their state or county, especially those that are released on parole or probation.
Lastly, they have to consider the laws of the state they want to travel to. In certain states, sex offenders have to appeal before being granted entry. Additionally, if they are planning a longer stay, they have to update their information in that state’s registry.
There are even more restrictions for sex offenders who want to travel across US borders. While most sex offenders can obtain a passport, there are additional regulations to consider, like Megan’s law, as Kentucky is one of the states that enforce it.
Employment Restrictions For Registered Sex Offenders in KY
According to Kentucky state law, sex offenders convicted of violent offenses, or sex crimes defined as felonies can’t be employed in job positions that will give them supervisory or disciplinary power over a minor.
Other Restrictions For Sexual Offenders in Kentucky
Kentucky sex offender laws restrict offenders from doing things in almost every area of life. For example, KY sex offenders are not allowed to use social media or chat rooms accessible by minors. Additionally, they are not allowed to photograph, film, or make a video of a minor without the presence of their parent or guardian.
Furthermore, they are not allowed to contact their past victims through any means of communication. Not in person, not by mail, not by email, not on the phone, without approval from the courts.
Finally, registered sex offenders in KY are prohibited from purchasing firearms and purchasing or consuming alcohol.
Removal From the Kentucky Sex Offender Registry List
Depending on the nature and severity of their crimes, after ten years of staying on the registry, some, though not all offenders sex offenders may request to have their names taken off. However, this doesn’t mean that their request will be granted.
It is recommended they seek legal counsel and determine if they have the right to appeal for a reduced sentence. Then they can provide documents that can prove rehabilitation and try to convince the court that they are no longer potential threats to public safety.
The courts will examine then examine the appeal and review the criminal history of the offender. The severity of the crime they were convicted of and whether or not it was a violent sex crime will greatly affect the court’s decision.
If the court denies the request, the offender has the right to appeal again after a certain period of time.
If the court approves the request, the offender’s name will be taken off the registry, but the crime will remain on their criminal record.
Getting a sex crime off of a criminal record is even harder than getting a name off the registry. Particularly if the sex crime was against a minor, was violent, or was classified as a felony. Only some non-violent sexual misdemeanors can very rarely be removed from criminal records.
The Bottom Line
In summary, the Kentucky sex offender laws can punish sex offenders to a lifetime, or a 20-year registry sentence, based on the severity of the crime they were convicted of. Depending on which penalty was imposed on them, Kentucky sex offenders need to update their registry information every three months, or every year.
In addition to the registry obligations, sex offenders in Kentucky face all kinds of limitations in every aspect of their lives, including travel, residency, employment, and even social media restrictions.
FAQs on Kentucky Sex Offenders Rules and Regulations
Does Kentucky have a sex offender registry?
Yes, all 50 states in the USA have sex offender registries. Kentucky’s sex offender registry can be easily accessed by the public on the official website of the Kentucky State Police.
How to get off the sex offender registry in Kentucky?
Not all offenses are eligible for removal. The first step would be determining if the Kentucky state law allows the offender to get off the KY sex offender registry based on the offense for which they were convicted. If they are, they can file a petition to the Kentucky superior court of the jurisdiction in which they were convicted, provide them with documentation that proves rehabilitation, and present their case.
How often do sex offenders have to register in Kentucky?
Unlike most other states, which classify sex offenders into three tiers, Kentucky sex offender law only has two tiers, 20 years and lifetime registration. Registrants sentenced to 20 years of registration update their information once a year, while lifetime registrants do it every three months.
