Title L, Kentucky Penal Code

KRS Chapters 500 to 534 shall be known as the Kentucky Penal Code.

(1) Common law offenses are abolished and no act or omission shall constitute a criminal offense unless designated a crime or violation under this code or another statute of this state. (2) This provision shall not affect the power of a court to punish for contempt or to employ a…

All provisions of this code shall be liberally construed according to the fair import of their terms, to promote justice, and to effect the objects of the law.

(1) The provisions of this code shall not apply to any offense committed prior to January 1, 1975, notwithstanding the provisions of KRS 446.110. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in th…

(1) Except as otherwise expressly provided, the prosecution of a felony is not subject to a period of limitation and may be commenced at any time. (2) Except as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year a…

(1) Except as otherwise provided in this section, a person may be convicted under the law of this state of an offense committed by his own conduct or the conduct of another for which he is legally accountable when: (a) Either the conduct or the result which is an element of the o…

(1) The Commonwealth has the burden of proving every element of the case beyond a reasonable doubt, except as provided in subsection (3). This provision, however, does not require disproof of any element that is entitled a "defense," as that term is used in this code, unless the …

As used in the Kentucky Penal Code, unless the context otherwise requires: (1) "Actor" means any natural person and, where relevant, a corporation or an unincorporated association; (2) "Crime" means a misdemeanor or a felony; (3) "Dangerous instrument" means any instrument, inclu…

(1) Except as provided in KRS 500.092, all property which is subject to forfeiture under any section of the Kentucky Penal Code shall be disposed of in accordance with this section. (a) Property other than firearms which is forfeited under any section of this code may, upon order…

violation or attempted violation of certain offenses -- Forfeiture of real and personal property associated with violation or attempted violation of KRS 531.310 or 531.320. (1) (a) Notwithstanding KRS 500.090, all personal property which is not used as a permanent residence in th…

ammunition to prevent their transfer or sale. No court or law enforcement agency shall retain a firearm or ammunition for official use for the purpose of avoiding transfer of the firearm or ammunition to the Department of Kentucky State Police under KRS 237.090 or 500.090, or oth…

(1) In every case in which a person pleads guilty to or is convicted of a crime punishable by imprisonment, the judge shall consider whether the person should be sentenced to a term of community service as an alternative to the prison term. The term of community service shall not…

The commentary accompanying this code may be used as an aid in construing the provisions of this code.

request for final disposition. Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of this state, and whenever during the continuance of the term of imprisonment there is pending in any jurisdiction of this state any untried indictment…

Kentucky State Police in cases involving use of an internet service provider, social networking company, mobile payment service, or cloud storage service in the exploitation of children and other cases. (1) (a) In any investigation relating to an offense involving KRS 510.155, 53…

(1) As used in this section: (a) "Communications service" means a cable, broadband, streaming, or telecommunications service; and (b) "Surveillance" means: 1. With respect to an owner, tenant, occupant, invitee, or licensee of privately owned real property, the observation of suc…

The following definitions apply in this chapter: (1) "Culpable mental state" means "intentionally" or "knowingly" or "wantonly" or "recklessly," as these terms are defined in KRS 501.020. (2) "Intoxication" means a disturbance of mental or physical capacities resulting from the i…

The following definitions apply in the Kentucky Penal Code: (1) "Intentionally" -- A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause that result or to engage in that conduct. (2) …

A person is not guilty of a criminal offense unless: (1) He has engaged in conduct which includes a voluntary act or the omission to perform a duty which the law imposes upon him and which he is physically capable of performing; and (2) He has engaged in such conduct intentionall…

Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessar…

A person may be guilty of an offense without having one (1) of the culpable mental states defined in KRS 501.020 only when: (1) The offense is a violation or a misdemeanor as defined in KRS 500.080 and no particular culpable mental state is included within the definition of the o…

(1) Conduct is the cause of a result when it is an antecedent without which the result in question would not have occurred. (2) When intentionally causing a particular result is an element of an offense, the element is not established if the actual result is not within the intent…

(1) A person's ignorance or mistake as to a matter of fact or law does not relieve him of criminal liability unless: (a) Such ignorance or mistake negatives the existence of the culpable mental state required for commission of an offense; or (b) The statute under which he is char…

Intoxication is a defense to a criminal charge only if such condition either: (1) Negatives the existence of an element of the offense; or (2) Is not voluntarily produced and deprives the defendant of substantial capacity either to appreciate the criminality of his conduct or to …

(1) In any prosecution for an offense other than an intentional homicide, it is a defense that the defendant engaged in the proscribed conduct because he was coerced to do so by the use of, or a threat of the use of, unlawful physical force against him or another person which a p…

(1) As used in this section, "offense against a vulnerable victim" means any violation of: (a) KRS 508.100; (b) KRS 508.110; (c) KRS 508.120; (d) KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120, or 530.020, if the victim is under the age of fourteen (14…

A person is guilty of an offense committed with the aid of an unmanned aircraft system if the unmanned aircraft system is under his or her control and the conduct would have given rise to criminal liability for the offense if performed directly by the person, unless the conduct c…

(1) A person is guilty of an offense committed by an innocent or irresponsible person when he: (a) Acts with the culpability that is sufficient for commission of that offense; and (b) Causes that innocent or irresponsible person to engage in conduct constituting the offense. (2) …

(1) A person is guilty of an offense committed by another person when, with the intention of promoting or facilitating the commission of the offense, he: (a) Solicits, commands, or engages in a conspiracy with such other person to commit the offense; or (b) Aids, counsels, or att…

In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another person pursuant to KRS 502.010 and 502.020, it is no defense that: (1) Such other person has not been prosecuted for or convicted of any offense based on the cond…

A person is not guilty under KRS 502.010 or 502.020 for an offense committed by another person when: (1) The offense is so defined that his conduct is inevitably incident to its commission; or (2) Prior to the commission of the offense, he manifests a voluntary and complete renun…

(1) A corporation is guilty of an offense when: (a) The conduct constituting the offense consists of a failure to discharge a specific duty imposed upon corporations by law; or (b) The conduct constituting the offense is engaged in, authorized, commanded or wantonly tolerated by …

A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if the conduct were performed in his own name or behalf.

The following definitions apply in this chapter unless the context otherwise requires: (1) "Deadly physical force" means force which is used with the purpose of causing death or serious physical injury or which the defendant knows to create a substantial risk of causing death or …

In any prosecution for an offense, justification, as defined in this chapter, is a defense.

(1) Unless inconsistent with the ensuing sections of this code defining justifiable use of physical force or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when the defendant believes it to be necessary to avoid an imminent p…

(1) Unless inconsistent with the ensuing sections of this code defining justifiable use of physical force or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by a provision of law imposing a pu…

acts of domestic violence and abuse. (1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person. (2) The…

Exceptions. (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if: (a) The person against who…

Notwithstanding the provisions of KRS 503.050, the use of physical force by a defendant upon another person is not justifiable when: (1) The defendant is resisting an arrest by a peace officer, recognized to be acting under color of official authority and using no more force than…

(1) The use of physical force by a defendant upon another person is justifiable when: (a) The defendant believes that such force is necessary to protect a third person against the use or imminent use of unlawful physical force by the other person; and (b) Under the circumstances …

(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent: (a) The commission of criminal trespass, robbery, burglary, or other felony involving the use of force, or under those …

Exceptions. (1) A person who uses force as permitted in KRS 503.050, 503.055, 503.070, and 503.080 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom the force was used is a peace off…

(1) The use of physical force by a defendant upon another person is justifiable when the defendant, acting under official authority, is making or assisting in making an arrest, and he: (a) Believes that such force is necessary to effect the arrest; (b) Makes known the purpose of …

(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent such other person from: (a) Committing suicide or inflicting serious physical injury upon himself; or (b) Committing a c…

others. (1) The use of physical force by a defendant upon another person is justifiable when the defendant is a parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person or when the defendant is a teacher or other person entrust…

(1) When the defendant believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under KRS 503.050 to 503.110 but the defendant is wanton or reckless in believing the use of any f…

(1) A person is not responsible for criminal conduct if at the time of the conduct, as a result of mental illness or intellectual disability, he or she lacks substantial capacity to appreciate the nature and quality of his or her conduct. (2) As used in this chapter, the term "me…

(1) When a defendant is found not guilty by reason of insanity, the court shall conduct an involuntary hospitalization proceeding under KRS Chapter 202A or 202B. (2) To facilitate the procedure established in subsection (1) of this section, the court may order the detention of th…

As used in this chapter, unless the context otherwise requires: (1) "Department" means the Department of Corrections; (2) "Examiner" means a psychologist or psychiatrist who examines, treats, or reports on a defendant's mental condition as required by this chapter; (3) "Forensic …