Kentucky Child Abuse Laws

Kentucky law categorizes child abuse into three degrees based on the perpetrator's mental state and actions. In Kentucky, everyone is mandated to report suspected abuse—not just certain professionals. Failure to report to social services or appropriate agency can lead to serious legal consequences.

Child abuse is a serious crime in all 50 states. This article outlines child abuse and neglect laws in Kentucky. You’ll find information on how state laws define child abuse, penalties, mandated reporting, and more.

The chart on this page links to the specific statutes regarding child abuse and neglect.

Definitions of Child Abuse Laws in Kentucky

Kentucky child abuse law (KRS 600.020) defines abuse as intentionally, wantonly, or recklessly causing harm to a child under 12 or a physically or mentally helpless individual. See the chart below for more information.

Child Abuse Penalties in Kentucky

Child or criminal abuse convictions carry serious penalties—up to 10 years in prison and fines of $10,000 or more. See the chart below for varying charge classifications and penalties.

Chart of Kentucky Child Abuse and Neglect Laws

The table below houses detailed information on child abuse crimes and reporting laws in Kentucky. Follow the links to see the Kentucky statutes in their entirety.

Code Sections

Kentucky Revised Statutes (KRS) Sections:

508.100 – Criminal Abuse in the First Degree
508.110 – Criminal Abuse in the Second Degree
508.120 – Criminal Abuse in the Third Degree
Chapter 620 – Dependency, Neglect, and Abuse

What Constitutes Abuse?

Criminal (child) abuse is divided into three degrees based on the mental state during the abuse:

First Degree – Intentionally doing any of the following to a person under 12 or who’s physically or mentally helpless or permitting another to do so when the defendant has custody of the child or disabled adult:

  • Causing serious physical injury
  • Placing a child in a situation that may cause serious physical injury or torturing
  • Cruelly confining or punishing

Second Degree – Same as first degree except the abuse is done “wantonly” meaning the defendant was aware of a substantial and unjustifiable risk that something may occur and consciously disregards it

Third Degree – Same as above except abuse is done “recklessly” or fails to perceive a substantial and unjustifiable risk that something will occur, the failure to perceive must be a gross deviation from what a reasonable person would observe.

A person can also be charged with assault, sexual abuse, kidnapping, etc. depending on the circumstances of the abuse.

Child abuse under the dependency laws (where you can lose your child to the state) is defined as:

  • Inflicting physical abuse or emotional injury on a child,
  • Creating a risk of physical or emotional injury (non-accidental means),
  • Engaging in a pattern of inability to parent due to drug abuse or alcohol abuse,
  • Committing or allowing another to sexually abuse or prostitute the child,
  • Abandoning the child, or
  • Not providing a child with adequate care, food, clothing, shelter, education, or medical care.
Criminal Penalty for Child Abuse

Crimes in Kentucky are punished based on the felony or misdemeanor assault level. Child or criminal abuse is punished by degree as follows:

  • First Degree – Class C Felony with a penalty of 5 to 10 years in prison and a fine of $1,000 to $10,000 or double what was gained from the crime
  • Second Degree – Class D Felony with a punishment of 1 to 5 years imprisonment and a $1,000 to $10,000 fine
  • Third DegreeClass A Misdemeanor with a sentence of not more than 12 months in jail and a $500 fine

After three or more assault in the fourth degree (intentional or reckless infliction of physical injury on another, usually a Class A misdemeanor) in five years when the victim(s) are family members can result in the penalty being upgraded to a Class D Felony. Family members include a child or stepchild and any parent or person living in the same household as the child.

A defendant may also be ordered to pay restitution or pay back any financial setbacks to a victim.

Mandatory Reporting of Child Abuse Kentucky requires everyone, regardless of their job, to report abuse. It also has laws requiring people in certain jobs (doctors, nurses, law enforcement, childcare workers, school personnel, social workers, etc.) to report suspected abuse.
Basis of Report of Abuse or Neglect You must report child abuse if you know or have reasonable cause to believe that the child is being neglected, abused, dependent, or the victim of human trafficking (forced into labor or sexual slavery).
Where to Report Child Abuse

Call the hotline at 1-877-KYSAFE1 (1-877-597-2331) to report report child abuse, neglect, or dependency. You can also report abuse online through the Kentucky Child/Adult Protective Services Reporting System.

For emergencies, please call 911.

You can also report suspected abuse to the following providers:

Penalty for Failure to Report
Intentionally failing to report child abuse is a Class B misdemeanor for the first offense, a Class A misdemeanor for the second offense, and a Class D Felony for each subsequent offense.

If you’re facing a child abuse criminal charge, you should speak to an experienced Kentucky criminal defense lawyer as soon as possible. Alternatively, if you’ve been accused of abusing your child by the state child protection workers and need to go to dependency court to defend yourself, you should consult with experienced Kentucky family law attorneys.

Note: Because state laws change regularly, it’s important to verify the laws you’re researching by conducting your own legal research or contacting a knowledgeable attorney.

Kentucky Child Abuse Laws: Related Resources

Child Abuse Case in Kentucky? Get Legal Help

Child abuse, neglect, maltreatment, and sexual exploitation are serious crimes. If you are facing issues related to child abuse in Kentucky, it's crucial to seek professional legal guidance.

Contact a criminal defense attorney in your area to understand your rights and options.

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