Kentucky Revised Statutes

Ky. Rev. Stat. § 422.110 (2026)

Obtaining confessions by "sweating" prohibited

✓ current as of May 2026
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No peace officer, or other person having lawful custody of any person charged with crime, shall attempt to obtain information from the accused concerning his connection with or knowledge of crime by plying him with questions, or extort information to be used against him on his trial by threats or other wrongful means, nor shall the person having custody of the accused permit any other person to do so. Effective: July 1, 1992 History: Amended 1990 Ky. Acts ch. 88, secs. 78 and 93, effective July 1, 1992. -- Amended 1942 Ky. Acts ch. 141, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1649b-1 to 1649b-3. Note: Amendment of this section by 1990 Ky. Acts ch. 88, secs. 78 and 93 became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, sec. 30.

Notes of Decisions
Cited in 54 cases (2 in the last 5 years), 1943–2024 · leading case: Jackson v. Denno, 378 U.S. 368 (1964).
Jackson v. Denno, 378 U.S. 368 (1964). · cites it 2× “KENTUCKY: Ky. Rev. Stat. § 422.110; Cooper v. Commonwealth, 374 S.”
Morgan v. Commonwealth, 809 S.W.2d 704 (Ky. 1991). · cites it 4× “" The testimony of the other witnesses given at the suppression hearing, including appellant's own testimony, detracts from the opinion rendered by Dr.”
West v. Commonwealth, 887 S.W.2d 338 (Ky. 1994). · cites it 4× “There is no need to resurrect the references to a practice of "sweating" a suspect which is already denounced by KRS 422.110. RCr 2.14 may well have been intended as a supplement to the "anti-sweating" law, as well as a supplement to KRS 422.”
Gray v. Commonwealth, 480 S.W.3d 253 (Ky. 2016). “KRS 422.110 ("no peace officer or other person having lawful custody of any person charged with crime, shall attempt to obtain information from the accused concerning his connection with or knowledge of crime by plying him with questions, or extort information to be used against…”
Whorton v. Commonwealth, 570 S.W.2d 627 (Ky. 1978). · cites it 2× “2d 908 (1964) with KRS 422.110(2) (1942) (method of determination of admissibility of confessions); Coker v.”
Brown v. Commonwealth, 275 S.W.2d 928 (Ky. Ct. App. 1955). · cites it 3× “Appellant vigorously protests that certain evidence was permitted to go to the jury concerning statements Brown had made previous to the trial, and he insists that such statements and evidence elicited ran afoul of the anti-sweating statute, KRS 422.110. Before his arrest Brown…”
Smith v. Commonwealth, 366 S.W.2d 902 (Ky. Ct. App. 1962). · cites it 2× “Appellant urges that: (1) The trial court erred in denying his motion for a change of venue; (2) his alleged confession was obtained in violation of KRS 422.110 and of the Kentucky and United States Constitutions; (3) certain evidence was admitted erroneously; and (4) the jury…”
Gary Steven Bond v. Commonwealth of Kentucky, 453 S.W.3d 729 (Ky. 2015). “KRS 422.110 provides that: No peace officer, or other person having lawful custody of any person charged with crime, shall attempt to obtain information from the accused concerning his connection with or knowledge of crime by plying him with questions, or extort information to…”
Manning v. Commonwealth, 328 S.W.2d 421 (Ky. Ct. App. 1959). · cites it 2× “It is prescribed in KRS 422.110, known as the “Anti-Sweating” Act, that the trial judge shall determine the competency and admissibility of any alleged confession from evidence heard by him, independent of and without the hearing of the jury.”
Bass v. Commonwealth, 177 S.W.2d 386 (Ky. Ct. App. 1944). · cites it 3× “It is argued with great earnestness that the trial court was in error in deciding the issue as to the admissibility of the confession and that he should have sub *430 mitted to the jury the question whether it was obtained in violation of the Anti-Sweating Act, KRS 422.110.…”
Hendley v. Commonwealth, 573 S.W.2d 662 (Ky. 1978). “(1) No peace officer, or other person having lawful custody of any person charged with crime, shall attempt to obtain information from the accused concerning his connection with or knowledge of crime by plying him with questions, or extort information to be used against him on…”
Roberts v. Commonwealth, 896 S.W.2d 4 (Ky. 1995). “There is no evidence in this record that Roberts was plied with questions or that information was extorted from him by threats or other wrongful means in violation of Kentucky’s Anti-Sweating Statute, KRS 422.110. Brown v. Commonwealth, Ky., 275 S.”
— Ky. Rev. Stat. § 422.110(1) — 2 cases
West v. Commonwealth, 887 S.W.2d 338 (Ky. 1994). “There is no need to resurrect the references to a practice of "sweating" a suspect which is already denounced by KRS 422.110. RCr 2.14 may well have been intended as a supplement to the "anti-sweating" law, as well as a supplement to KRS 422.”
Whack v. Commonwealth, 316 S.W.2d 856 (Ky. Ct. App. 1958).
— Ky. Rev. Stat. § 422.110(2) — 8 cases
Whorton v. Commonwealth, 570 S.W.2d 627 (Ky. 1978). “2d 908 (1964) with KRS 422.110(2) (1942) (method of determination of admissibility of confessions); Coker v.”
Smith v. Commonwealth, 366 S.W.2d 902 (Ky. Ct. App. 1962). “Appellant urges that: (1) The trial court erred in denying his motion for a change of venue; (2) his alleged confession was obtained in violation of KRS 422.110 and of the Kentucky and United States Constitutions; (3) certain evidence was admitted erroneously; and (4) the jury…”
Hamilton v. Commonwealth, 401 S.W.2d 80 (Ky. Ct. App. 1966).
Karl v. Commonwealth, 288 S.W.2d 628 (Ky. Ct. App. 1956).
Smith v. Commonwealth, 402 S.W.2d 686 (Ky. Ct. App. 1966).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.