Kentucky Scanner Law

Original source: Kentucky Revised Statutes (2012)
Title XL - Crimes and Punishments
Chapter 432 - Offenses Against the State and Public Justice
§ 432.570

432.570 Restrictions on possession or use of radio capable of
sending or receiving police messages; Penalty -- Enforcement.

(1)  It shall be unlawful for any person except a member of a police
     department  or  police  force  or  an  official  with   written
     authorization from the head  of  a  department  which  reglarly
     maintains a police radio system  authorized  or licensed by the
     Federal Communications Commission, to have  in   his   or   her
     possession, or in an automobile or other vehicle, or  to  equip
     or install in or on any automobile or other vehicle, any mobile
     radio  set  or  apparatus  capable  of  either   receiving   or
     transmitting radio or other messages or signals within the wave
     length or channel now or which may hereafter  be  allocated  by 
     the Federal Communications Commission, or  its  successor,  for 
     the purpose of police radios, or which may in any way intercept
     or interfere with the transmission of  radio  messages  by  any 
     police or other peace officers. It shall be  unlawful  for  any 
     car, automobile, or other vehicle other than one publicly owned 
     and entitled to an official license plate issued by  the  state 
     issuing a license for the car, to have, or be equipped with the 
     sets or apparatus even though the car is owned by  an  officer. 
     This section shall not apply to any automobile or vehicle owned 
     or operated by a member of a sheriff's department authorized by 
     the fiscal court to operate a radio communications system  that 
     is licensed by the Federal Communications Commission  or  other 
     federal agency having the authority to license same. Nothing in 
     this section shall preclude  a  probation  and  parole  officer 
     employed by the Department of Corrections from carrying on  his 
     person or in a private vehicle while  conducting  his  official 
     duties an authorized,  state-issued  portable  radio  apparatus 
     capable of transmitting or receiving signals.

(2)  Any person guilty of violating any of the  provisions  of  this 
     section shall be guilty of a misdemeanor, and, upon conviction, 
     shall be punished by a fine of  not  less  than  fifty  dollars 
     ($50)  and  not  exceeding  five  hundred  dollars  ($500),  or 
     imprisonment not exceeding twelve (12) months, or both so fined 
     and imprisoned.

(3)  It shall be the duty of any and all peace officers to seize and 
     hold for  evidence  any  and  all  equipment  had  or  used  in 
     violation  of  the  provisions  of  this  section,  and,   upon 
     conviction of  the  person  having,  equipping  or  using  such 
     equipment, it shall be the duty of the  trial  court  to  order 
     such equipment or apparatus destroyed, forfeited, or  escheated 
     to the Commonwealth of  Kentucky,  and  said  property  may  be 
     ordered destroyed, forfeited, or escheated  as  above  provided 
     without a conviction of the person charged with violating  this 
     section.

(4)  Nothing contained in this section shall prohibit the possession 
     of a radio by:

     (a) An individual who is a retailer or wholesaler  and  in  the 
         ordinary course of his business offers such radios for sale 
         or resale;

     (b) A commercial or educational radio  or  television  station, 
         licensed by the Federal Communications Commission,  at  its 
         place of business; or

     (c) An individual who possesses such a radio,  provided  it  is 
         capable of receiving radio transmissions only  and  is  not 
         capable of sending or transmitting radio messages,  at  his 
         place of residence; licensed commercial auto towing trucks; 
         newspaper reporters and photographers; emergency management 
         agency personnel authorized in writing by the  director  of 
         the division of emergency management (for state  personnel) 
         or chief  executive  of  the  city  or  county  (for  their 
         respective personnel); a person  holding  a  valid  license 
         issued by the  Federal  Communications  Commission  in  the 
         amateur radio service; peace officers authorized in writing 
         by the head of their law enforcement agency, Commonwealth's 
         attorneys and their assistants, county attorneys and  their 
         assistants, except that it shall be unlawful  to  use  such 
         radio to facilitate  any  criminal  activity  or  to  avoid 
         apprehension by law enforcement officers. Violation of this 
         section shall, in addition to any other penalty  prescribed 
         by law, result in a forfeiture to the local law enforcement 
         agency of such radio.

(5)  The provisions of this section shall not apply  to  a  paid  or 
     volunteer member of a fire department or a  paid  or  volunteer 
     member of a public ambulance service licensed in  Kentucky  who 
     has been given permission in writing by the chief of  the  fire 
     department and the chief of each law enforcement  agency  whose 
     frequency is to be monitored, or the director of the  ambulance 
     service and the chief of  each  law  enforcement  agency  whose 
     frequency is to be monitored, to possess  a  radio  capable  of 
     receiving on a frequency allocated to a  police  department  or 
     law enforcement agency, whether the radio is in a vehicle or 
     not.

(6)  The secretary of the  Finance  and  Administration  Cabinet  is 
     hereby empowered by issuance of a secretary's order  to  exempt 
     from  the  prohibitions  and  penalties  of  this  section  the 
     possession and use of any and all radio communication equipment 
     that he finds is necessary to be owned and used by  members  of 
     the general public and other nonpolice persons for  utilization 
     in the N.O.A.A. weather radio system.

Effective: July 14, 2000

History: Amended 2000 Ky. Acts ch. 176, sec. 1, effective  July  14, 
  2000. -- Amended 1998 Ky. Acts ch. 226, sec. 111,  effective  July 
  15, 1998. -- Amended 1994 Ky. Acts ch. 418, sec. 9, effective July 
  15, 1994.  Amended 1992 Ky. Acts ch. 110, sec. 1, effective  July 
  14, 1992. -- Amended 1986, Ky. Acts ch.  241,  sec.  1,  effective 
  July 15, 1986. -- Amended 1980 Ky. Acts ch. 137, sec. 1, effective 
  July 15, 1980. -- Amended 1978 Ky. Acts ch. 435, sec. 1, effective 
  June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, 
  sec. 443, effective January 2, 1978. -- Amended 1976 Ky. Acts 166,
  sec. 1 -- Created 1942 Ky. Acts ch. 66, sec. 1.


Retranscribed by: Todd L. Sherman/KB4MHH
Last verified: January 1, 2012.

Mobile Scanner & RADAR-Detector Laws In The U.S.
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Gainesville, Alachua Co., Fla.
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