Ky. Rev. Stat. » Chapter 501
Kentucky Revised Statutes

Ky. Rev. Stat. § 501.010 (2026)

Definitions

✓ current as of May 2026
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The following definitions apply in this chapter: (1) "Culpable mental state" means "intentionally" or "knowingly" or "wantonly" or "recklessly," as these terms are defined in KRS 501.020. (2) "Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body. (3) "Voluntary act" means a bodily movement performed consciously as a result of effort or determination and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it. (4) "Voluntary intoxication" means intoxication caused by substances which the defendant knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such duress as would afford a defense to a charge of crime. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 11, effective January 1, 1975.

Notes of Decisions
Cited in 23 cases (3 in the last 5 years), 1986–2026 · leading case: Holland v. Commonwealth, 114 S.W.3d 792 (Ky. 2003).
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Holland v. Commonwealth, 114 S.W.3d 792 (Ky. 2003). · cites it 6× “"Voluntary intoxication" is defined in KRS 501.010 in such a way that these types of involuntary intoxication are still sufficient to relieve a defendant of liability if he has the requisite capacity.”
Foster v. Commonwealth, 827 S.W.2d 670 (Ky. 1992). · cites it 2× “KRS 501.010; KRS 501.020(3). "It is simply murder committed with a different state of mental culpability but murder, whether intentional or wanton, is a capital offense.”
Slaven v. Commonwealth, 962 S.W.2d 845 (Ky. 1997). · cites it 2× “020(1), “intoxication,” KRS 501.010(2), and “voluntary intoxication,” KRS 501.”
McGuire v. Commonwealth, 885 S.W.2d 931 (Ky. 1994). · cites it 2× “He believes that he was so significantly impaired by drugs and alcohol that his actions were “unconscious,” inferring he did not qualify as possessing a “culpable mental state” as defined in KRS 501.010. The jury instructions included one on insanity, one on guilty but mentally…”
Healthwise of Kentucky, Ltd. v. Anglin, 956 S.W.2d 213 (Ky. 1997). · cites it 3× “At the time of the accident, KRS 501.010 provided a definition of “intoxication” and “voluntary intoxication.”
Fields v. Commonwealth, 12 S.W.3d 275 (Ky. 2000). · cites it 2× “" KRS 501.010(1) (emphasis added). Although the draft Model Penal Code included a provision which defined less culpable mental states as fully encompassed within its definition of "purposely" (what the Kentucky Penal Code refers to as intentional conduct in an identical…”
Barbour v. Commonwealth, 824 S.W.2d 861 (Ky. 1992). · cites it 2× “KRS 501.010 establishes culpable mental states, including intentionally and wantonly, which are defined as follows: (1) "Intentionally" — A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective…”
Livingood v. Transfreight, LLC, 467 S.W.3d 249 (Ky. 2015). “610(3) provides that “[l]ia-bility for compensation shall not apply where injury, occupational disease, or death to the employee was proximately caused primarily by voluntary intoxication as defined in KRS 501.010, or by his or her willful intention to injure or kill himself,…”
Thornton v. Commonwealth, 421 S.W.3d 372 (Ky. 2013). “]” A “voluntary act” is defined in KRS 501.010(3) as “a bodily movement performed consciously as a result of effort or determination!!]” Thus, Appellant could not have been guilty of assault if the blow he struck to Officer Gibson’s face was not the conscious result of…”
Williams v. White Castle Sys., Inc., 173 S.W.3d 231 (Ky. 2005). “610(3) provides as follows: Liability for compensation shall not apply where injury, occupational disease, or death to the employee was proximately caused primarily by voluntary intoxication, as defined in KRS 501.010, or by his willful intention to injure or kill himself or…”
Commonwealth v. Tate, 893 S.W.2d 368 (Ky. 1995). “It necessarily follows that by the enactment of KRS 501.010(4) and KRS 501.080 that a condition of intoxication stemming from the voluntary ingestion of a substance which impairs one’s judgment and control does not *372 afford a defense to a criminal charge unless the party…”
Taylor v. Commonwealth, 313 S.W.3d 563 (Ky. 2010). “KRS 501.010(3). 7 . In this case it was the difference between a misdemeanor and a felony, but depending on the contraband, it could be the difference between felonies.”
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— Ky. Rev. Stat. § 501.010(1) — 3 cases
Fields v. Commonwealth, 12 S.W.3d 275 (Ky. 2000). “" KRS 501.010(1) (emphasis added). Although the draft Model Penal Code included a provision which defined less culpable mental states as fully encompassed within its definition of "purposely" (what the Kentucky Penal Code refers to as intentional conduct in an identical…”
State of Tennessee v. Keith T. Dupree (Tenn. Crim. App. 2001).
State v. Jennie Bain Ducker (Tenn. Crim. App. 1999).
— Ky. Rev. Stat. § 501.010(2) — 7 cases
Healthwise of Kentucky, Ltd. v. Anglin, 956 S.W.2d 213 (Ky. 1997). “At the time of the accident, KRS 501.010 provided a definition of “intoxication” and “voluntary intoxication.”
Slaven v. Commonwealth, 962 S.W.2d 845 (Ky. 1997). “020(1), “intoxication,” KRS 501.010(2), and “voluntary intoxication,” KRS 501.”
McGuire v. Commonwealth, 885 S.W.2d 931 (Ky. 1994). “He believes that he was so significantly impaired by drugs and alcohol that his actions were “unconscious,” inferring he did not qualify as possessing a “culpable mental state” as defined in KRS 501.010. The jury instructions included one on insanity, one on guilty but mentally…”
Cruse v. Commonwealth, 712 S.W.2d 356 (Ky. Ct. App. 1986).
Richard Yates v. Commonwealth of Kentucky (Ky. 2018).
— Ky. Rev. Stat. § 501.010(3) — 2 cases
Thornton v. Commonwealth, 421 S.W.3d 372 (Ky. 2013). “]” A “voluntary act” is defined in KRS 501.010(3) as “a bodily movement performed consciously as a result of effort or determination!!]” Thus, Appellant could not have been guilty of assault if the blow he struck to Officer Gibson’s face was not the conscious result of…”
Taylor v. Commonwealth, 313 S.W.3d 563 (Ky. 2010). “KRS 501.010(3). 7 . In this case it was the difference between a misdemeanor and a felony, but depending on the contraband, it could be the difference between felonies.”
— Ky. Rev. Stat. § 501.010(4) — 9 cases
Holland v. Commonwealth, 114 S.W.3d 792 (Ky. 2003). “"Voluntary intoxication" is defined in KRS 501.010 in such a way that these types of involuntary intoxication are still sufficient to relieve a defendant of liability if he has the requisite capacity.”
Slaven v. Commonwealth, 962 S.W.2d 845 (Ky. 1997). “020(1), “intoxication,” KRS 501.010(2), and “voluntary intoxication,” KRS 501.”
Commonwealth v. Tate, 893 S.W.2d 368 (Ky. 1995). “It necessarily follows that by the enactment of KRS 501.010(4) and KRS 501.080 that a condition of intoxication stemming from the voluntary ingestion of a substance which impairs one’s judgment and control does not *372 afford a defense to a criminal charge unless the party…”
Med. Prot. Co. v. Gregory Duma, 478 F. App'x 977 (6th Cir. 2012).
Roach v. Wilson, 551 S.W.3d 450 (Ky. Ct. App. 2017).
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