Title L, Kentucky Penal Code

psychologist or psychiatrist by court appointment -- Rebuttal by prosecution. (1) A defendant who intends to introduce evidence of his or her: (a) Mental illness or intellectual disability bearing on the issue of guilt, punishment, or both; or (b) Insanity at the time of the offe…

hearing -- Termination of criminal proceedings not bar to civil proceedings. (1) (a) The court may order a defendant to be examined on an outpatient basis when the defendant: 1. Is believed to be incompetent to stand trial; 2. Intends to assert a defense of insanity at the time o…

appeal. A forensic psychiatric facility or psychiatric facility as those terms are defined in KRS 202A.011 shall have standing to petition the court for any necessary clarification or modification of orders or judgments entered in proceedings under this chapter and to appeal from…

No defendant who is incompetent to stand trial shall be tried, convicted or sentenced so long as the incompetency continues.

(1) If upon arraignment, or during any stage of the proceedings, the court has reasonable grounds to believe the defendant is incompetent to stand trial, the court shall order the defendant to be examined and his or her mental condition reported, as provided in KRS 504.080. (2) T…

competent or incompetent to stand trial -- Commitment proceeding. (1) If the court finds the defendant incompetent to stand trial but there is a substantial probability the defendant will attain competency in the foreseeable future, it shall commit the defendant to a treatment fa…

(1) Except as provided in subsection (2) of this section, in cases in which the defendant provides evidence at trial of his or her mental illness or insanity at the time of the offense, the jury or court may find the defendant: (a) Guilty; (b) Not guilty; (c) Not guilty by reason…

(1) The defendant may be found guilty but mentally ill if: (a) The prosecution proves beyond a reasonable doubt that the defendant is guilty of an offense; and (b) The defendant proves by a preponderance of the evidence that he was mentally ill at the time of the offense. (2) If …

If a defendant is found guilty but mentally ill, the court may appoint at least one (1) psychologist or psychiatrist to examine, treat and report on the defendant's mental condition at the time of sentencing.

treatment upon expiration of sentence. (1) (a) The court shall sentence a defendant found guilty but mentally ill at the time of the offense to the local jail or to the department in the same manner as a defendant found guilty. (b) If the defendant is found guilty but mentally il…

(1) A person is not guilty of an offense arising out of proscribed conduct when: (a) He was induced or encouraged to engage in that conduct by a public servant or by a person acting in cooperation with a public servant seeking to obtain evidence against him for the purpose of cri…

(1) When a single course of conduct of a defendant may establish the commission of more than one (1) offense, he may be prosecuted for each such offense. He may not, however, be convicted of more than one (1) offense when: (a) One offense is included in the other, as defined in s…

When a prosecution is for a violation of the same statutory provision and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances: (1) The former prosecution resulted in: (a) An acquittal, or (b) A conviction …

Although a prosecution is for a violation of a different statutory provision from a former prosecution or for a violation of the same provision but based on different facts, it is barred by the former prosecution under the following circumstances: (1) The former prosecution resul…

When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state, a prosecution in such other jurisdiction is a bar to a subsequent prosecution in this state under the following circumstances: (1) The former prosecutio…

A prosecution is not barred, as provided in KRS 505.030, 505.040 and 505.050 if the former prosecution: (1) Was procured by the defendant without the knowledge of the proper prosecuting officer and with the purpose of avoiding the sentence which otherwise might be imposed; or (2)…

(1) A person is guilty of criminal attempt to commit a crime when, acting with the kind of culpability otherwise required for commission of the crime, he or she: (a) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as he or she…

(1) In any prosecution for criminal attempt to commit a crime, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant abandoned his effort to commit the crime and, if mere abandonment was insufficient to …

(1) A person is guilty of criminal solicitation when, with the intent of promoting or facilitating the commission of a crime, he commands or encourages another person to engage in specific conduct which would constitute that crime or an attempt to commit that crime or which would…

(1) A person having the intention of promoting or facilitating the commission of a crime is guilty of criminal conspiracy when he: (a) Agrees with one (1) or more persons that at least one (1) of them will engage in conduct constituting that crime or an attempt or solicitation to…

(1) No person may be convicted of conspiracy to commit a crime unless an overt act in furtherance of the conspiracy is alleged and proved to have been committed by one (1) of the conspirators. (2) A person who conspires to commit more than one (1) crime, all of which are the obje…

(1) In any prosecution for criminal solicitation or criminal conspiracy in which the crime solicited or the crime contemplated by the conspiracy was not in fact committed, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal …

(1) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of: (a) Criminal irresponsibility or other legal incapacity or exemption; or (b) Unawareness of the criminal nature of the conduct solicite…

(1) A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with means or opportunity for the commission of the crime and which in fact aids …

In any prosecution for criminal facilitation, it is no defense that: (1) The person facilitated could not be guilty of the crime facilitated because of criminal irresponsibility or other legal incapacity or exemption, unawareness of the criminal nature of the conduct facilitated,…

A person is not guilty of criminal facilitation when: (1) The crime facilitated is so defined that his conduct is inevitably incident to its commission; or (2) Prior to the commission of the crime facilitated he makes a substantial effort to prevent the commission of that crime.…

(1) A person may not be convicted on the basis of the same course of conduct of both the actual commission of a crime and: (a) A criminal attempt to commit that crime; or (b) A criminal solicitation of that crime; or (c) A criminal facilitation of that crime; or (d) A conspiracy …

(1) A person, with the purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall not do any of the following: (a) Organize or participate in organizing a criminal syndicate or any of its activities; (b) Provide material aid to a criminal …

As used in this chapter: (1) "Criminal gang" means any alliance, network, conspiracy, or group that: (a) Consists of three (3) or more persons who have any of the following in common: 1. Name; 2. Identifying hand signal or sign; 3. Colors; 4. Symbols; 5. Geographical location; or…

(1) (a) Any person who is age eighteen (18) or older is guilty of criminal gang recruitment in the first degree if he or she: 1. Solicits or entices any person under the age of fifteen (15) to join a criminal gang; and 2. Requires as a condition of membership the commission of a …

(1) To establish the existence of a "criminal gang" as defined in KRS 506.135, competent evidence that is probative of the existence of or membership in a criminal gang shall be admissible, including two (2) or more of the following: (a) Self-proclamation, either at the time of a…

of criminal gang acting for the purpose of benefitting, promoting, or furthering the interest of criminal gang. (1) If a defendant is alleged by the prosecuting attorney to have been a member of a criminal gang as defined in KRS 506.135, at the time of the commission of the offen…

of criminal gang-related felonies resulting in risk of physical injury, serious physical injury, or death -- Application to juveniles and persistent felony offenders. (1) Other provisions of law notwithstanding, a person shall be penalized one (1) class more severely than provide…

damages. (1) If a person alleges that he or she was a victim of a criminal act by: (a) An organization, which at the time the incident or incidents were alleged to take place was a criminal gang as defined in KRS 506.135; or (b) A person, who at time the incident or incidents wer…

and process as set out in KRS 218A.405 to 218A.460. All property used in connection with or acquired by a criminal gang as defined in KRS 506.135 or any of its members in committing, attempting to commit, or facilitating the commission of a criminal offense shall be subject to fo…

(1) As used in this chapter: (a) "Abortion" has the same meaning as in KRS 311.720; (b) "Health care provider" has the same meaning as in KRS 304.17A-005; and (c) "Unborn child" means a member of the species homo sapiens in utero from conception onward, without regard to age, hea…

As used in this chapter: (1) "Abuse or neglect" has the same meaning as in KRS 508.090; (2) "Criminal homicide" means that a person is guilty of causing the death of another human being under circumstances which constitute murder, manslaughter in the first degree, manslaughter in…

(1) A person is guilty of fetal homicide in the first degree when: (a) With intent to cause the death of an unborn child or with the intent necessary to commit an offense under KRS 507.020(1)(a), he causes the death of an unborn child; except that in any prosecution, a person sha…

(1) A person is guilty of murder when: (a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under this subsection if he acted under the influence of extreme emoti…

(1) A person is guilty of fetal homicide in the second degree when: (a) With intent to cause serious physical injury to an unborn child or with the intent necessary to commit an offense under KRS 507.030(1)(a), he causes the death of an unborn child; or (b) With intent to cause t…

(1) A person is guilty of manslaughter in the first degree when: (a) With intent to cause serious physical injury to another person, he or she causes the death of such person or of a third person; (b) With intent to cause the death of another person, he or she causes the death of…

(1) A person is guilty of fetal homicide in the third degree when he wantonly causes the death of an unborn child, including but not limited to situations where the death results from the person's operation of a motor vehicle. (2) Fetal homicide in the third degree is a Class C f…

(1) A person is guilty of manslaughter in the second degree when he or she wantonly causes the death of another person, including but not limited to situations where the death results from the person's: (a) Operation of a motor vehicle; (b) Leaving a child under the age of eight …

(1) A person is guilty of fetal homicide in the fourth degree when, with recklessness, he causes the death of an unborn child. (2) Fetal homicide in the fourth degree is a Class D felony.

(1) A person is guilty of reckless homicide when, with recklessness he causes the death of another person. (2) Reckless homicide is a Class D felony.

The death of an unborn child shall not result in the imposition of a sentence of death, either as a result of the violation of KRS 507A.020 or as a result of the aggravation of another capital offense under KRS 532.025(2).

(1) A person is guilty of vehicular homicide when: (a) He or she causes the death of another; and (b) The death results from the person's operation of a motor vehicle, including but not limited to boats and airplanes, under the influence of alcohol, a controlled substance, or oth…

(1) As used in this section, "first responder" means: (a) A peace officer; (b) Paid or volunteer emergency medical services or rescue personnel; (c) A paid or volunteer member of an organized fire department; or (d) Personnel of a private nonprofit organization providing fire, re…

(1) A person is guilty of assault in the first degree when: (a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (b) Under circumstances manifesting extreme indifference to the value of human life he wanto…

(1) A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or (c) He wantonly causes se…