Ky. Rev. Stat. » Chapter 500
Kentucky Revised Statutes

Ky. Rev. Stat. § 500.040 (2026)

Restrictions on applicability

✓ current as of May 2026
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(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 the same manner as if this code had not been enacted. (2) This code shall not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action. (3) For purposes of this section, an offense shall be deemed to have been committed prior to January 1, 1975, if any element of the offense occurred prior thereto. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 4, effective January 1, 1975.

Notes of Decisions
Cited in 7 cases, 1977–2011 · leading case: Land v. Commonwealth, 986 S.W.2d 440 (Ky. 1999).
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Land v. Commonwealth, 986 S.W.2d 440 (Ky. 1999). · cites it 2× “Although the legislature at that time declared that any offense committed prior to January 1, 1975, shall be punished under the provisions of the law existing at the time the offense was committed (KRS 500.040(1)), the fact that the sentence was abolished for all rape…”
Bennington v. Commonwealth, 348 S.W.3d 613 (Ky. 2011). · cites it 2× “KRS 500.040(1). However, mere technical error does not necessarily require reversal, especially where the error was not preserved for appellate review and thus only results in reversal if it is palpable and prejudicial.”
Kimbrough v. Commonwealth, 550 S.W.2d 525 (Ky. 1977). “KRS 500.040(1). Since the principal offense of *528 armed assault with intent to rob, on which the indictment as a habitual criminal was based, was committed on November 9,1974, we feel the trial court properly applied the provisions of former KRS 431.”
Kotas v. Commonwealth, 565 S.W.2d 445 (Ky. 1978). “KRS 500.040(1) which is also a part of that code provides that the code shall not apply to any offense committed prior to its effective date, and that such an offense must be construed and punished according to the provisions of law existing at the time of the commission of such…”
McRay v. Commonwealth, 675 S.W.2d 397 (Ky. Ct. App. 1984). “He, therefore, argues that his felony conviction amounted to an ex post facto application of the law, since KRS 500.040 requires a prosecution to be based on the law in effect on the date the offense is committed.”
Green v. Commonwealth, 556 S.W.2d 684 (Ky. 1977). “…the judgment should be and it is affirmed. All concur. . The effective date of the Penal Code was January 1, 1975. KRS 500.040(1).”
Rutland v. Commonwealth, 590 S.W.2d 682 (Ky. 1979). “Since the offenses were committed prior to the effective date of the Code, the trial court, on due and timely notice, dismissed the indictments and referred the case to the grand jury for further consideration (KRS 500.040(1)). Thereupon, the grand jury indicted the appellant…”
— Ky. Rev. Stat. § 500.040(1) — 6 cases
Land v. Commonwealth, 986 S.W.2d 440 (Ky. 1999). “Although the legislature at that time declared that any offense committed prior to January 1, 1975, shall be punished under the provisions of the law existing at the time the offense was committed (KRS 500.040(1)), the fact that the sentence was abolished for all rape…”
Bennington v. Commonwealth, 348 S.W.3d 613 (Ky. 2011). “KRS 500.040(1). However, mere technical error does not necessarily require reversal, especially where the error was not preserved for appellate review and thus only results in reversal if it is palpable and prejudicial.”
Kimbrough v. Commonwealth, 550 S.W.2d 525 (Ky. 1977). “KRS 500.040(1). Since the principal offense of *528 armed assault with intent to rob, on which the indictment as a habitual criminal was based, was committed on November 9,1974, we feel the trial court properly applied the provisions of former KRS 431.”
Kotas v. Commonwealth, 565 S.W.2d 445 (Ky. 1978). “KRS 500.040(1) which is also a part of that code provides that the code shall not apply to any offense committed prior to its effective date, and that such an offense must be construed and punished according to the provisions of law existing at the time of the commission of such…”
Green v. Commonwealth, 556 S.W.2d 684 (Ky. 1977). “…the judgment should be and it is affirmed. All concur. . The effective date of the Penal Code was January 1, 1975. KRS 500.040(1).”
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