Ky. Rev. Stat. » Chapter 431
Kentucky Revised Statutes

Ky. Rev. Stat. § 431.060 (2026)

Felonies, misdemeanors and violations defined

✓ current as of May 2026
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Offenses are either felonies, misdemeanors, or violations:

(1) Offenses punishable by death or confinement in the penitentiary, whether or not a fine or other penalty may also be assessed, are felonies.

(2) Offenses punishable by confinement other than in the penitentiary, whether or not a fine or other penalty may also be assessed, are misdemeanors.

(3) Offenses punishable by a fine only or by any other penalty not cited herein, whether in combination with a fine or not, are violations. Effective: July 1, 1980 History: Amended 1980 Ky. Acts ch. 309, sec. 3, effective July 1, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1127.

Notes of Decisions
Cited in 23 cases (2 in the last 5 years), 1950–2024 · leading case: United States v. Watson, 423 U.S. 411 (1975).
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United States v. Watson, 423 U.S. 411 (1975). · cites it 2× “1975); Ky. Rev. Stat. Ann. § 431.060 (1970); Mass.”
Commonwealth v. Lundergan, 847 S.W.2d 729 (Ky. 1993). · cites it 8× “Any reliance on the pre-penal code definitions of felony and misdemeanor offenses contained in KRS 431.060 would be at odds with the Legislature’s intention to achieve consistency in the treatment of penal code and non-penal code offenses.”
McCloud v. Commonwealth, 286 S.W.3d 780 (Ky. 2009). “005("(1) A peace officer may make an arrest: (a) In obedience to a warrant; or (b) Without a warrant when a felony is committed in his presence; or (c) Without a warrant when he has probable cause to believe that the person being arrested has committed a felony; or (d) Without a…”
Estep v. Combs, 366 F. Supp. 3d 863 (E.D. Ky. 2018). “(c) Without a warrant when he or she has probable cause to believe that the person being arrested has committed a felony; or (d) Without a warrant when a misdemeanor, as defined in KRS 431.060, has been committed in his or her presence[.”
Commonwealth v. Mobley, 160 S.W.3d 783 (Ky. 2005). · cites it 2× “005 authorizes a police office to arrest a person, inter alia, “without a warrant when a misdemeanor, as defined in KRS 431.060, has been committed in his presence.”
Maloney v. Commonwealth, 489 S.W.3d 235 (Ky. 2016). “Those circumstances are: (a) In obedience to a warrant; or (b) Without a warrant when a felony is committed in his or her presence; or (c) Without a warrant when he or she has probable cause to believe that the person being arrested has committed a felony; or (d) Without a…”
Ashton v. Commonwealth, 405 S.W.2d 562 (Ky. Ct. App. 1966). · cites it 2× “The offense with which defendant was charged was a misdemeanor (KRS 431.060). At first blush it would seem that if a defendant "may agree to a trial by a lesser number of persons" than 12 (KRS 29.”
Young v. Knight, 329 S.W.2d 195 (Ky. Ct. App. 1959). “This seems to be a case of first impression on the point.”
Leatherman v. Commonwealth, 357 S.W.3d 518 (Ky. Ct. App. 2011). “) permits a peace officer, including a sheriffs deputy, to make an arrest in the following situations: (a) In obedience to a warrant; or (b) Without a warrant when a felony is committed in his presence; or (c) Without a warrant when he has probable cause to believe that the…”
Johnson v. Commonwealth, 443 S.W.2d 20 (Ky. Ct. App. 1969). “990(1) as defined in KRS 431.060, for which the officer was authorized to make an arrest because it was an apparent misdemeanor committed in his presence.”
Stogner v. Commonwealth, 35 S.W.3d 831 (Ky. Ct. App. 2000). “005(l)(d), which provides in relevant part: (1) A peace officer may make an arrest: [[Image here]] (d) Without a warrant when a misdemeanor, as defined in KRS 431.060, has been committed in his presence[.”
Eisner v. Commonwealth, 375 S.W.2d 825 (Ky. Ct. App. 1964). “The offense of which appellant was convicted is made a misdemeanor by KRS 431.060. Misdemeanors, generally, are not infamous offenses.”
Show all 23 citing cases →
— Ky. Rev. Stat. § 431.060(1) — 3 cases
Commonwealth v. Lundergan, 847 S.W.2d 729 (Ky. 1993). “Any reliance on the pre-penal code definitions of felony and misdemeanor offenses contained in KRS 431.060 would be at odds with the Legislature’s intention to achieve consistency in the treatment of penal code and non-penal code offenses.”
J.D.K. v. Commonwealth, 54 S.W.3d 174 (Ky. Ct. App. 2001).
JDK v. Com., 54 S.W.3d 174 (Ky. Ct. App. 2001).
— Ky. Rev. Stat. § 431.060(2) — 2 cases
Commonwealth of Kentucky Vs Jacobi Wilson (Ky. Ct. App. 2021).
McNally v. Tabor (E.D. Ky. 2019).
— Ky. Rev. Stat. § 431.060(3) — 1 case
McNally v. Tabor (E.D. Ky. 2019).
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