Ky. Rev. Stat. » Chapter 436
Kentucky Revised Statutes

Ky. Rev. Stat. § 436.020 (2026)

Repealed, 1975

✓ current as of May 2026
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Catchline at repeal: Abortion or miscarriage. History: Repealed 1974 Ky. Acts ch. 255, sec. 19; and Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1219a-1, 1219a-2, 1219a-4.

Notes of Decisions
Cited in 10 cases, 1942–1973 · leading case: Sasaki v. Commonwealth, 485 S.W.2d 897 (Ky. Ct. App. 1972).
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Sasaki v. Commonwealth, 485 S.W.2d 897 (Ky. Ct. App. 1972). · cites it 3× “KRS 436.020 provides: “(1) Any person who prescribes or administers to any pregnant woman or to any woman whom he has reason to believe pregnant, at any time during the period of gestation, any drug, medicine or other substance, or uses any instrument or other means, with the…”
Brown v. Commonwealth, 440 S.W.2d 520 (Ky. Ct. App. 1969). · cites it 2× “160) to the crime of abortion (KRS 436.020) performed upon the body of Brenda Teel by Ethel Penrod.”
Fitch v. Commonwealth, 165 S.W.2d 558 (Ky. Ct. App. 1942). · cites it 2× “Fitch, accusing him of the crime of abortion, as same is defined and made a felony by Kentucky Statutes, Section 1219a, subsections 1, 2, 3 and 4 (Kentucky Revised Statutes, Sections 436.020 and 435.040). Omitting the merely formal parts of the indictment, its description of the…”
Richmond v. Commonwealth, 370 S.W.2d 399 (Ky. Ct. App. 1963). · cites it 4× “Our abortion statute, KRS 436.020, states-that “for the purpose of testifying” the woman on whom the abortion is performed shall not be considered an accomplice.”
Blaine v. Commonwealth, 459 S.W.2d 759 (Ky. Ct. App. 1970). “Appellant, who is the president of a drug company which sells prescription pharmaceuticals to wholesale firms, was convicted of performing an abortion, an offense denounced by KRS 436.020, and his punishment fixed at two years’ imprisonment.”
Crossen v. Attorney Gen. of Cmwlth. of Kentucky, 344 F. Supp. 587 (E.D. Ky. 1972). “This case is before the court for final disposition on the merits; the sole question is the constitutionality of the Kentucky Abortion Statute, KRS 436.020. The case has traveled a torturous gamut of jurisdictional challenges, a summary of which is appropriate.”
Roe v. Wade, 410 U.S. 113 (1973). · cites it 2× “§§ 53-29, 53-30 (1968) (or unborn child); Idaho Code § 18-601 (1948); Ill.”
Dotye v. Commonwealth, 289 S.W.2d 206 (Ky. Ct. App. 1956). · cites it 2× “Dotye was convicted of attempted abortion, KRS 436.020(1), and his punishment was fixed at a fine of $500 and imprisonment in the penitentiary for one year.”
Richardson v. Commonwealth, 312 S.W.2d 470 (Ky. Ct. App. 1958). · cites it 2× “Appellant contends that an instruction should have been given under KRS 436.020(1), which provides a lesser penalty.”
Sasaki v. Commonwealth, 497 S.W.2d 713 (Ky. Ct. App. 1973). · cites it 2× “2d 897 , the Kentucky *714 abortion statute, KRS 436.020, ■ was held constitutional and the conviction of Dr.”
— Ky. Rev. Stat. § 436.020(1) — 4 cases
Sasaki v. Commonwealth, 485 S.W.2d 897 (Ky. Ct. App. 1972). “KRS 436.020 provides: “(1) Any person who prescribes or administers to any pregnant woman or to any woman whom he has reason to believe pregnant, at any time during the period of gestation, any drug, medicine or other substance, or uses any instrument or other means, with the…”
Dotye v. Commonwealth, 289 S.W.2d 206 (Ky. Ct. App. 1956). “Dotye was convicted of attempted abortion, KRS 436.020(1), and his punishment was fixed at a fine of $500 and imprisonment in the penitentiary for one year.”
Richmond v. Commonwealth, 370 S.W.2d 399 (Ky. Ct. App. 1963). “Our abortion statute, KRS 436.020, states-that “for the purpose of testifying” the woman on whom the abortion is performed shall not be considered an accomplice.”
Richardson v. Commonwealth, 312 S.W.2d 470 (Ky. Ct. App. 1958). “Appellant contends that an instruction should have been given under KRS 436.020(1), which provides a lesser penalty.”
— Ky. Rev. Stat. § 436.020(2) — 1 case
Richardson v. Commonwealth, 312 S.W.2d 470 (Ky. Ct. App. 1958). “Appellant contends that an instruction should have been given under KRS 436.020(1), which provides a lesser penalty.”
— Ky. Rev. Stat. § 436.020(3) — 1 case
Brown v. Commonwealth, 440 S.W.2d 520 (Ky. Ct. App. 1969). “160) to the crime of abortion (KRS 436.020) performed upon the body of Brenda Teel by Ethel Penrod.”
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