Kentucky Revised Statutes

Ky. Rev. Stat. § 435.240 (2026)

Repealed, effective January 1, 1975

✓ current as of May 2026

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Catchline at repeal: Abandonment of child under sixteen or pregnant wife in destitute circumstances -- Postponement of prosecution -- Power of circuit court over verdict or indictment -- Desertion, abandonment or nonsupport by divorced parent -- Taking of child from divorced parent to whom custody has been awarded. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Amended 1954 Ky. Acts ch. 56, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 331i-1, 331i-2.

Notes of Decisions

Cited in 32 cases, 1943–1970 · leading case: Commonwealth v. O'HARRAH, 262 S.W.2d 385 (Ky. Ct. App. 1953).

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Commonwealth v. O'HARRAH, 262 S.W.2d 385 (Ky. Ct. App. 1953). · cites it 4× “Our child desertion statute, KRS 435.240(1) is intended to punish a parent only for an intentional and absolute refusal to discharge his natural duties, so this court has held a father who had done the best he could but because of poverty and incapacity had failed to support his…”

Rogers v. Commonwealth, 321 S.W.2d 779 (Ky. Ct. App. 1959). · cites it 6× “The place of residence of the children involved is not a material element of the offense denounced by KRS 435.240 (3) (a). The venue of a prosecution under this section of the statute is fixed by subsection (3) (b) in the circuit court of the county “in which the divorce was…”

Fitzgerald v. Commonwealth, 403 S.W.2d 21 (Ky. Ct. App. 1966). · cites it 2× “This is an effort by appellant to avoid serving four years at hard labor in the State Reformatory, which was imposed upon him under a conviction for a violation of KRS 435.240(3) (a) for his failure to support his three infant children in obedience to a judgment of the Boyle…”

Brummitt v. Commonwealth, 357 S.W.2d 37 (Ky. Ct. App. 1962). · cites it 2× “Appellant, Nadine Brummitt, was indicted for deserting her three children under conditions defined in KRS 435.240. The trial court directed an acquittal in relation to two of the children and submitted the case to the jury as to the defendant’s son, Jerry Wayne Brummitt.”

Commonwealth v. Scott, 221 S.W.2d 64 (Ky. Ct. App. 1949). · cites it 16× “” The first subsection of KRS 435.240 makes it a felony for the parent of any child under sixteen years of age residing in this State to abandon and leave the child in a destitute condition without making proper provision for its support and education.”

Renfro v. Renfro, 291 S.W.2d 46 (Ky. Ct. App. 1956). “KRS 435.240. Parental rights to a child may be terminated upon the failure of the parent to provide the proper care, and in such cases, it is.”

Cornett v. Commonwealth, 251 S.W.2d 466 (Ky. Ct. App. 1952). · cites it 5× “181, the General Assembly enacted the present subsection (3) of KRS 435.240 as an amendment. We reserve a decision as to the constitutionality of the act since it is not necessary.”

Turner v. Commonwealth, 315 S.W.2d 619 (Ky. Ct. App. 1958). · cites it 3× “2d 903 , wherein it is pointed out that KRS 435.240 has no application to illegitimate children.”

Commonwealth v. Mason, 317 S.W.2d 166 (Ky. Ct. App. 1958). · cites it 2× “The present statute requires as an element of the offense that the child be left in indigent or destitute circumstances, so this ground of objection found to the former statute has been removed.”

Hodges v. Commonwealth, 269 S.W.2d 280 (Ky. Ct. App. 1954). · cites it 4× “The indictment properly charges the offense denounced by KRS 435.240(1), but the evidence discloses only a violation of KRS 435.”

Engle v. Caudill, 288 S.W.2d 345 (Ky. Ct. App. 1956). “*346 The statute penalizing child desertion was amended in 1950 by adding a subsection to KRS 435.240 which made it a crime for a parent not to comply with orders of a court relative to the maintenance or support of his child as set forth in a judgment granting a divorce.”

Neal v. Commonwealth, 303 S.W.2d 903 (Ky. Ct. App. 1957). “*905 It is true that the statute under which appellant was convicted, KRS 435.240, according to the decisions of this court, has no application to illegitimate children.”

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— Ky. Rev. Stat. § 435.240(1) — 11 cases

Commonwealth v. O'HARRAH, 262 S.W.2d 385 (Ky. Ct. App. 1953). “Our child desertion statute, KRS 435.240(1) is intended to punish a parent only for an intentional and absolute refusal to discharge his natural duties, so this court has held a father who had done the best he could but because of poverty and incapacity had failed to support his…”

Brummitt v. Commonwealth, 357 S.W.2d 37 (Ky. Ct. App. 1962). “Appellant, Nadine Brummitt, was indicted for deserting her three children under conditions defined in KRS 435.240. The trial court directed an acquittal in relation to two of the children and submitted the case to the jury as to the defendant’s son, Jerry Wayne Brummitt.”

Cornett v. Commonwealth, 251 S.W.2d 466 (Ky. Ct. App. 1952). “181, the General Assembly enacted the present subsection (3) of KRS 435.240 as an amendment. We reserve a decision as to the constitutionality of the act since it is not necessary.”

Rogers v. Commonwealth, 321 S.W.2d 779 (Ky. Ct. App. 1959). “The place of residence of the children involved is not a material element of the offense denounced by KRS 435.240 (3) (a). The venue of a prosecution under this section of the statute is fixed by subsection (3) (b) in the circuit court of the county “in which the divorce was…”

Lindon v. Commonwealth, 318 S.W.2d 431 (Ky. Ct. App. 1958).

— Ky. Rev. Stat. § 435.240(3) — 15 cases

Fitzgerald v. Commonwealth, 403 S.W.2d 21 (Ky. Ct. App. 1966). “This is an effort by appellant to avoid serving four years at hard labor in the State Reformatory, which was imposed upon him under a conviction for a violation of KRS 435.240(3) (a) for his failure to support his three infant children in obedience to a judgment of the Boyle…”

Mayes v. Watt, 387 S.W.2d 872 (Ky. Ct. App. 1964).

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