Kentucky Revised Statutes

Ky. Rev. Stat. § 500.070 (2026)

Burden of proof -- Defenses

✓ current as of May 2026

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(1) The Commonwealth has the burden of proving every element of the case beyond a reasonable doubt, except as provided in subsection (3). This provision, however, does not require disproof of any element that is entitled a "defense," as that term is used in this code, unless the evidence tending to support the defense is of such probative force that in the absence of countervailing evidence the defendant would be entitled to a directed verdict of acquittal. (2) No court can require notice of a defense prior to trial time. (3) The defendant has the burden of proving an element of a case only if the statute which contains that element provides that the defendant may prove such element in exculpation of his conduct. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 7, effective January 1, 1975.

Notes of Decisions

Cited in 84 cases (15 in the last 5 years), 1977–2025 · leading case: Estep v. Commonwealth, 64 S.W.3d 805 (Ky. 2002).

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Estep v. Commonwealth, 64 S.W.3d 805 (Ky. 2002). · cites it 6× “See also 1974 Commentary to KRS 500.070 ("Once such an issue is raised the state must establish its negative beyond a reasonable doubt.”

Eugene Williams Gall, Jr. v. Phil Parker, Warden, 231 F.3d 265 (6th Cir. 2000). · cites it 4× “First, pursuant to Winship , the statute provides that “[t]he Commonwealth has the burden of proving every element of the case beyond a reasonable doubt,” but that this “does not require disproof of any element that is entitled a ‘defense,’” Ky.Rev.Stat. Ann. § 500.070; notably,…”

Patterson v. New York, 432 U.S. 197 (1977). · cites it 2× “, Ky. Rev. Stat. Ann. §§ 500.070 , 510.030 (1975); Wash.”

Schoenbachler v. Commonwealth, 95 S.W.3d 830 (Ky. 2003). · cites it 3× “See KRS 500.070(1) (“This provision, however, *836 does not require disproof of any element that is entitled a defense.”

Stopher v. Commonwealth, 57 S.W.3d 787 (Ky. 2001). · cites it 2× “at 154 ; KRS 500.070; see also Wellman v. Commonwealth, Ky.”

Harp v. Commonwealth, 266 S.W.3d 813 (Ky. 2008). · cites it 2× “[36] KRS 500.070(1). [37] See, e.g., KRS 510.148(1) (requiring, inter alia, person to intentionally expose his genitals to be guilty of indecent exposure in the first degree) [38] See, e.”

Democratic Party of Kentucky v. Graham, 976 S.W.2d 423 (Ky. 1998). · cites it 6× “The Scheme Violates KRS 500.070(1) and the Due Process Guarantees of United States and Kentucky Constitutions.”

Cardine v. Commonwealth, 283 S.W.3d 641 (Ky. 2009). · cites it 2× “KRS 500.070(1); Brock v. Commonwealth, 947 S.”

Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002). · cites it 2× “See also KRS 500.070(1); Perkins v. Commonwealth, Ky.”

Lawson v. Commonwealth, 53 S.W.3d 534 (Ky. 2001). · cites it 2× “See also KRS 500.070, Official Commentary (Banks/Baldwin 1974): This provision is a special definition section to apply generally throughout the Code.”

Sanborn v. Commonwealth, 754 S.W.2d 534 (Ky. 1988). · cites it 2× “, KRS 500.070." In one sense it may appear a misnomer to refer to the situation that exists when an accused admits to a state of facts that constitutes a criminal offense, while denying further facts that constitute a more serious offense, as a "defense.”

Biyad v. Commonwealth, 392 S.W.3d 380 (Ky. 2013). · cites it 10× “They note that these defenses fall under the umbrella of the second sentence of KRS 500.070, and thus where a defendant has presented evidence sufficient to prove the defense, the burden shifts to the Commonwealth to adequately disprove it.”

Show all 84 citing cases →

— Ky. Rev. Stat. § 500.070(1) — 36 cases

Estep v. Commonwealth, 64 S.W.3d 805 (Ky. 2002). “See also 1974 Commentary to KRS 500.070 ("Once such an issue is raised the state must establish its negative beyond a reasonable doubt.”

Harp v. Commonwealth, 266 S.W.3d 813 (Ky. 2008). “[36] KRS 500.070(1). [37] See, e.g., KRS 510.148(1) (requiring, inter alia, person to intentionally expose his genitals to be guilty of indecent exposure in the first degree) [38] See, e.”

Democratic Party of Kentucky v. Graham, 976 S.W.2d 423 (Ky. 1998). “The Scheme Violates KRS 500.070(1) and the Due Process Guarantees of United States and Kentucky Constitutions.”

Cardine v. Commonwealth, 283 S.W.3d 641 (Ky. 2009). “KRS 500.070(1); Brock v. Commonwealth, 947 S.”

Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002). “See also KRS 500.070(1); Perkins v. Commonwealth, Ky.”

— Ky. Rev. Stat. § 500.070(2) — 2 cases

Terry v. Commonwealth, 332 S.W.3d 56 (Ky. 2010).

Lloyd Blackman v. Commonwealth of Kentucky (Ky. Ct. App. 2022).

— Ky. Rev. Stat. § 500.070(3) — 13 cases

Eugene Williams Gall, Jr. v. Phil Parker, Warden, 231 F.3d 265 (6th Cir. 2000). “First, pursuant to Winship , the statute provides that “[t]he Commonwealth has the burden of proving every element of the case beyond a reasonable doubt,” but that this “does not require disproof of any element that is entitled a ‘defense,’” Ky.Rev.Stat. Ann. § 500.070; notably,…”

Ice v. Commonwealth, 667 S.W.2d 671 (Ky. 1984).

Schoenbachler v. Commonwealth, 95 S.W.3d 830 (Ky. 2003). “See KRS 500.070(1) (“This provision, however, *836 does not require disproof of any element that is entitled a defense.”

Biyad v. Commonwealth, 392 S.W.3d 380 (Ky. 2013). “They note that these defenses fall under the umbrella of the second sentence of KRS 500.070, and thus where a defendant has presented evidence sufficient to prove the defense, the burden shifts to the Commonwealth to adequately disprove it.”

Fields v. Commonwealth, 44 S.W.3d 355 (Ky. 2001).

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