Ky. Rev. Stat. » Chapter 500

Ky. Rev. Stat. § 500.100

Effect of commentary

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The commentary accompanying this code may be used as an aid in construing the provisions of this code. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 10, effective January 1, 1975.

Notes of Decisions
Cited in 28 cases (3 in the last 5 years), 1976–2025 · leading case: David Alan Jenkins v. Commonwealth of Kentucky
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David Alan Jenkins v. Commonwealth of Kentucky (2016) ky · cites it 2× “The LRC Commentary is to be used "as an aid in construing provisions" of the penal code, KRS 500.100, but the majority arrogates the commentary to the dignity of the statute itself.”
Commonwealth v. Crooks (1983) ky · cites it 8× “The Commentary is advisory (KRS 500.100). In this instance it gives bad advice.”
Murphy v. Commonwealth (2017) ky “KRS 500.100 provides: "The commentary accompanying this code may be used as an aid in construing the provisions of this code.”
McGinnis v. Commonwealth (1994) ky · cites it 2× “These notes were prepared AFTER enactment of the Penal Code and are NOT "Commentary accompanying this Code" referred to in KRS 500.100. These unofficial notes are based on Commentary which accompanied the final draft of the Penal Code in 1971, published by the Kentucky Crime…”
Lloyd v. Commonwealth (2010) ky · cites it 2× “[23] See KRS 500.100 ("The commentary accompanying this code may be used as an aid in construing the provisions of this code.”
Whitaker v. Commonwealth (1995) ky · cites it 2× “, KRE 1104; KRS 500.100. Given that the case at bar involves the very delicate and important issue of client confidentiality in the context of a criminal trial, we believe that the Sixth Amendment to the United States Constitution requires a careful inquiry by the trial court…”
Colwell v. Commonwealth (2000) ky · cites it 2× “[9] 1974 Kentucky Crime Commission/LRC Commentary to KRS 505.”
Deno v. Commonwealth (2005) ky “2d at 480 ("according to KRS 500.100, the commentary accompanying the code may be used as an aid in construing the provisions of the code.”
Bartley v. Commonwealth (2013) ky “KRS 500.100 provides that the Commentary "may be used as an aid” in construing the Penal Code's provisions.”
Stark v. Commonwealth (1991) ky · cites it 2× “KRS 500.100. The commentary in respect to KRS Chapter 515 is assuredly clear that robbery in the first degree is the using or threatening to use force against a person and it is only a person that can be the victim of a robbery.”
Salsman v. Commonwealth (1978) kyctapp “2d 478 (1977); KRS 500.100. In discussing the definition of forcible compulsion, the commentary states: The term also includes a threat, express or implied, that overcomes earnest resistance by placing a person in fear of immediate death or physical injury to himself .”
Kruse v. Commonwealth (1985) ky “” KRS 500.100 provides that the Commentary accompanying the penal code may be used in construing the provisions of the code.”
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— Ky. Rev. Stat. § 500.100(4) — 1 case
Jacob Abercrombie v. Commonwealth of Kentucky (2024) ky
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