Ky. Rev. Stat. » Chapter 501

Ky. Rev. Stat. § 501.030

Criminal liability

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A person is not guilty of a criminal offense unless: (1) He has engaged in conduct which includes a voluntary act or the omission to perform a duty which the law imposes upon him and which he is physically capable of performing; and (2) He has engaged in such conduct intentionally, knowingly, wantonly or recklessly as the law may require, with respect to each element of the offense, except that this requirement does not apply to any offense which imposes absolute liability, as defined in KRS 501.050. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 13, effective January 1, 1975.

Notes of Decisions
Cited in 24 cases, 1977–2017 · leading case: Bartley v. Commonwealth
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Bartley v. Commonwealth (2013) ky · cites it 11× “She refers us to West v. Commonwealth, a case like this one in which it was alleged that the defendants failed to provide adequate care to a disabled adult.”
Thornton v. Commonwealth (2013) ky · cites it 8× “As grounds for relief Appellant contends that (1) palpable error occurred when the trial court failed to instruct the jury consistently with KRS 501.030, which requires that to be found guilty of a criminal offense the defendant must have engaged in a voluntary act which he was…”
Saxton v. Commonwealth (2010) ky · cites it 9× “As noted, all criminal offenses relating to controlled substances are codified outside of the Kentucky Penal Code in a separate, largely self-contained chapter of the Kentucky Revised Statutes, KRS Chapter 218A.”
Tharp v. Commonwealth (2000) ky · cites it 6× “KRS 501.030(1) provides: A person is not guilty of a criminal offense unless: (1) He has engaged in conduct which includes a voluntary act or the omission to perform a duty which the law imposes upon him and which he is physically capable of performing.”
Fields v. Commonwealth (2000) ky · cites it 4× “"` This redefinition ignores KRS 501.030's requirement that a voluntary act which creates certain risks accompany a culpable mental state.”
Staples v. Commonwealth (2014) ky · cites it 3× “2 Subpart (2)(e) of the complicity statute is in turn based upon KRS 501.030, the statute codifying the actus reas and mens rea requirements for criminal liability.”
Love v. Commonwealth (2001) ky · cites it 2× “Per KRS 501.030(2), a person cannot be found guilty of a criminal offense unless that person "has engaged in such conduct intentionally, knowingly, wantonly or recklessly as the law may require, with respect to each element of the offense, except that this requirement does not…”
Rogers v. Commonwealth (2002) ky · cites it 2× “Although voluntary intoxication cannot negate the mental states of wantonness or recklessness, [53] such intoxication may negate the KRS 501.030(2) "knowingly" mental state. [54] The trial court properly denied Appellant's request for a First-Degree Criminal Trespass instruction.”
Graves v. Commonwealth (2000) ky · cites it 2× “1412(1); KRS 501.030(2). However, the evidence was undisputed that Thomas offered to pay $27,000.”
Beaty v. Commonwealth (2003) ky “Appellant next complains that the jury instruction under which he was convicted of manufacturing methamphetamine was defective because it did not require a finding of one of the culpable mental states required by KRS 501.030(2). That statute provides: A person is not guilty of a…”
Commonwealth v. McBride (2009) ky · cites it 2× “KRS 501.030 provides that a person is not guilty of a criminal offense unless he voluntarily engaged in the conduct, and that he engaged in such conduct intentionally, knowingly, wantonly or recklessly as the law may require.”
Baker v. Commonwealth (1984) ky · cites it 2× “While it is true that the term "recklessly" as defined in KRS 501.030(4), General Principles of Liability, is stated in terms of failure to perceive "the result," the apparent conflict between this statute and KRS 507.”
Show all 24 citing cases →
— Ky. Rev. Stat. § 501.030(1) — 6 cases
Bartley v. Commonwealth (2013) ky “She refers us to West v. Commonwealth, a case like this one in which it was alleged that the defendants failed to provide adequate care to a disabled adult.”
Tharp v. Commonwealth (2000) ky “KRS 501.030(1) provides: A person is not guilty of a criminal offense unless: (1) He has engaged in conduct which includes a voluntary act or the omission to perform a duty which the law imposes upon him and which he is physically capable of performing.”
Staples v. Commonwealth (2014) ky “2 Subpart (2)(e) of the complicity statute is in turn based upon KRS 501.030, the statute codifying the actus reas and mens rea requirements for criminal liability.”
Thornton v. Commonwealth (2013) ky “As grounds for relief Appellant contends that (1) palpable error occurred when the trial court failed to instruct the jury consistently with KRS 501.030, which requires that to be found guilty of a criminal offense the defendant must have engaged in a voluntary act which he was…”
Commonwealth v. Mitchell (2017) ky
— Ky. Rev. Stat. § 501.030(2) — 10 cases
Saxton v. Commonwealth (2010) ky “As noted, all criminal offenses relating to controlled substances are codified outside of the Kentucky Penal Code in a separate, largely self-contained chapter of the Kentucky Revised Statutes, KRS Chapter 218A.”
Love v. Commonwealth (2001) ky “Per KRS 501.030(2), a person cannot be found guilty of a criminal offense unless that person "has engaged in such conduct intentionally, knowingly, wantonly or recklessly as the law may require, with respect to each element of the offense, except that this requirement does not…”
Rogers v. Commonwealth (2002) ky “Although voluntary intoxication cannot negate the mental states of wantonness or recklessness, [53] such intoxication may negate the KRS 501.030(2) "knowingly" mental state. [54] The trial court properly denied Appellant's request for a First-Degree Criminal Trespass instruction.”
Graves v. Commonwealth (2000) ky “1412(1); KRS 501.030(2). However, the evidence was undisputed that Thomas offered to pay $27,000.”
Beaty v. Commonwealth (2003) ky “Appellant next complains that the jury instruction under which he was convicted of manufacturing methamphetamine was defective because it did not require a finding of one of the culpable mental states required by KRS 501.030(2). That statute provides: A person is not guilty of a…”
— Ky. Rev. Stat. § 501.030(3) — 1 case
Fields v. Commonwealth (2000) ky “"` This redefinition ignores KRS 501.030's requirement that a voluntary act which creates certain risks accompany a culpable mental state.”
— Ky. Rev. Stat. § 501.030(4) — 1 case
Baker v. Commonwealth (1984) ky “While it is true that the term "recklessly" as defined in KRS 501.030(4), General Principles of Liability, is stated in terms of failure to perceive "the result," the apparent conflict between this statute and KRS 507.”
— Ky. Rev. Stat. § 501.030(l) — 1 case
Commonwealth v. Mitchell (2017) ky
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