The following definitions apply in the Kentucky Penal Code:
(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 is to cause
that result or to engage in that conduct.
(2) "Knowingly" -- A person acts knowingly with respect to conduct or to a
circumstance described by a statute defining an offense when he is aware that his
conduct is of that nature or that the circumstance exists.
(3) "Wantonly" -- A person acts wantonly with respect to a result or to a circumstance
described by a statute defining an offense when he is aware of and consciously
disregards a substantial and unjustifiable risk that the result will occur or that the
circumstance exists. The risk must be of such nature and degree that disregard
thereof constitutes a gross deviation from the standard of conduct that a reasonable
person would observe in the situation. A person who creates such a risk but is
unaware thereof solely by reason of voluntary intoxication also acts wantonly with
respect thereto.
(4) "Recklessly" -- A person acts recklessly with respect to a result or to a circumstance
described by a statute defining an offense when he fails to perceive a substantial and
unjustifiable risk that the result will occur or that the circumstance exists. The risk
must be of such nature and degree that failure to perceive it constitutes a gross
deviation from the standard of care that a reasonable person would observe in the
situation.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 12, effective January 1, 1975.
Notes of Decisions
Cited in
170
cases (
47 in the last 5 years), 1978–2026 · leading case:
Fields v. Commonwealth, 12 S.W.3d 275 (Ky. 2000).
Fields v. Commonwealth, 12 S.W.3d 275 (Ky. 2000).
· cites it 32× “020 defines the mental states applicable in the Kentucky Penal Code: (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 is to cause that result or to engage in that…”
Commonwealth v. Hager, 41 S.W.3d 828 (Ky. 2001).
· cites it 16× “2 attempted to paraphrase the statutory definitions of "intentionally," KRS 501.020(1), "wantonly," KRS 501.020(3), and "recklessly," KRS 501.”
Robertson v. Commonwealth, 82 S.W.3d 832 (Ky. 2002).
· cites it 25× “050 (reckless homicide) requires reference to KRS 501.020 as the source of the definitions of wantonness and recklessness.”
Tharp v. Commonwealth, 40 S.W.3d 356 (Ky. 2000).
· cites it 10× “, an awareness of and conscious disregard of a substantial and unjustifiable risk of that result, KRS 501.020(3), supporting a conviction of manslaughter in the second degree by complicity, KRS 507.”
Turner v. Commonwealth, 153 S.W.3d 823 (Ky. 2005).
· cites it 12× “" KRS 501.020(3) defines "wantonly" as follows: A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that…”
McGinnis v. Commonwealth, 875 S.W.2d 518 (Ky. 1994).
· cites it 9× “" As explained in the Commentary accompanying the Penal Code, to punish wanton conduct as murder it must be conduct as culpable as intentional murder: "the culpable mental state defined in KRS 501.020 as `wantonness,' . . . without more, will suffice for a conviction of…”
Estep v. Commonwealth, 957 S.W.2d 191 (Ky. 1997).
· cites it 8× “KRS 501.020 defines these mental states as follows: (3) "Wantonly"A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result…”
Saylor v. Commonwealth, 144 S.W.3d 812 (Ky. 2004).
· cites it 6× “040(1); KRS 501.020(3); and (2) the defendant acted either with or without an intent to kill but under an actual but mistaken belief that the circumstances then existing required the use of physical force (or deadly physical force) in self-protection, and with an awareness and…”
Lofthouse v. Commonwealth, 13 S.W.3d 236 (Ky. 2000).
· cites it 8× “KRS 501.020(4). Appellant posits that, as a matter of law, one who furnishes narcotic drugs to a person who dies as a result of voluntarily ingesting those drugs cannot be liable for criminal homicide, because ingestion of narcotic drugs does not normally result in death.”
Commonwealth v. Rose, 725 S.W.2d 588 (Ky. 1987).
· cites it 6× “KRS 501.020(1) provides that "[a] person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause that result or to engage in that conduct.”
Brown v. Commonwealth, 174 S.W.3d 421 (Ky. 2005).
· cites it 4× “020(1)(b), Appellant must have had a more egregious mental state than mere wantonness.”
Rogers v. Commonwealth, 86 S.W.3d 29 (Ky. 2002).
· cites it 4× “" KRS 501.080(1). However, voluntary intoxication does not negate a culpable mental state of wantonness because voluntary intoxication, itself, supplies the element of wantonness.”
— Ky. Rev. Stat. § 501.020(1) — 21 cases
Commonwealth v. Hager, 41 S.W.3d 828 (Ky. 2001).
“2 attempted to paraphrase the statutory definitions of "intentionally," KRS 501.020(1), "wantonly," KRS 501.020(3), and "recklessly," KRS 501.”
Fields v. Commonwealth, 12 S.W.3d 275 (Ky. 2000).
“020 defines the mental states applicable in the Kentucky Penal Code: (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 is to cause that result or to engage in that…”
Commonwealth v. Rose, 725 S.W.2d 588 (Ky. 1987).
“KRS 501.020(1) provides that "[a] person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause that result or to engage in that conduct.”
— Ky. Rev. Stat. § 501.020(2) — 14 cases
Robertson v. Commonwealth, 82 S.W.3d 832 (Ky. 2002).
“050 (reckless homicide) requires reference to KRS 501.020 as the source of the definitions of wantonness and recklessness.”
— Ky. Rev. Stat. § 501.020(3) — 105 cases
Fields v. Commonwealth, 12 S.W.3d 275 (Ky. 2000).
“020 defines the mental states applicable in the Kentucky Penal Code: (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 is to cause that result or to engage in that…”
Commonwealth v. Hager, 41 S.W.3d 828 (Ky. 2001).
“2 attempted to paraphrase the statutory definitions of "intentionally," KRS 501.020(1), "wantonly," KRS 501.020(3), and "recklessly," KRS 501.”
Turner v. Commonwealth, 153 S.W.3d 823 (Ky. 2005).
“" KRS 501.020(3) defines "wantonly" as follows: A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that…”
Robertson v. Commonwealth, 82 S.W.3d 832 (Ky. 2002).
“050 (reckless homicide) requires reference to KRS 501.020 as the source of the definitions of wantonness and recklessness.”
Tharp v. Commonwealth, 40 S.W.3d 356 (Ky. 2000).
“, an awareness of and conscious disregard of a substantial and unjustifiable risk of that result, KRS 501.020(3), supporting a conviction of manslaughter in the second degree by complicity, KRS 507.”
— Ky. Rev. Stat. § 501.020(4) — 47 cases
Lofthouse v. Commonwealth, 13 S.W.3d 236 (Ky. 2000).
“KRS 501.020(4). Appellant posits that, as a matter of law, one who furnishes narcotic drugs to a person who dies as a result of voluntarily ingesting those drugs cannot be liable for criminal homicide, because ingestion of narcotic drugs does not normally result in death.”
Commonwealth v. Hager, 41 S.W.3d 828 (Ky. 2001).
“2 attempted to paraphrase the statutory definitions of "intentionally," KRS 501.020(1), "wantonly," KRS 501.020(3), and "recklessly," KRS 501.”
Tharp v. Commonwealth, 40 S.W.3d 356 (Ky. 2000).
“, an awareness of and conscious disregard of a substantial and unjustifiable risk of that result, KRS 501.020(3), supporting a conviction of manslaughter in the second degree by complicity, KRS 507.”
Saylor v. Commonwealth, 144 S.W.3d 812 (Ky. 2004).
“040(1); KRS 501.020(3); and (2) the defendant acted either with or without an intent to kill but under an actual but mistaken belief that the circumstances then existing required the use of physical force (or deadly physical force) in self-protection, and with an awareness and…”
— Ky. Rev. Stat. § 501.020(B) — 1 case
Brown v. Commonwealth, 174 S.W.3d 421 (Ky. 2005).
“020(1)(b), Appellant must have had a more egregious mental state than mere wantonness.”
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