The United States and Kentucky Constitutions prevent you from being punished for acts that are done before those acts were criminalized. This is commonly referred to as the prohibition ex post facto punishment. The reason behind this prohibition is that criminal statutes place the life and liberty of a person at risk, so the laws must give fair notice as to what acts can be punished. Whether a conviction is based upon fair notice requires that the court inquire: "Was the offender on notice when the offense was committed that his conduct was prohibited and on notice of the potential penalty?"
