Ky. Rev. Stat. » Chapter 501

Ky. Rev. Stat. § 501.040

Culpability -- Construction of statutes

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Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such culpable mental state. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 14, effective January 1, 1975.

Notes of Decisions
Cited in 8 cases, 1990–2010 · leading case: Love v. Commonwealth
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Love v. Commonwealth (2001) ky · cites it 6× “KRS 501.040 provides that "[a]lthough no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense, or with respect to some or all of the material elements thereof, if…”
Covington v. Commonwealth (1992) kyctapp · cites it 4× “025(l)(b) which do not expressly state the mens rea do not stand alone, but must be read in conjunction with KRS 501.040 or KRS 501.050. Since KRS 508.”
Saxton v. Commonwealth (2010) ky · cites it 2× “Even assuming these statutes apply, KRS 501.040 provides: “Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense or with respect to some or all of the…”
Walker v. Commonwealth (2004) ky “Thus, we turn to KRS 501.040: Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense, or with re- *608 spect to some or all of the material elements…”
Reynolds v. Commonwealth (2003) kyctapp “See KRS 501.040. The Penal Code provides for and defines four types of mental states: intentional, knowing, wanton and reckless.”
Mattingly v. Commonwealth (1993) kyctapp “020(1) and KRS 501.040. Additionally, Ms. Hundley claims that she was denied due process and equal protection of the law because the prosecutor refused to agree to amend the charge against her to a Class D felony as he had done for Mr.”
Day v. Commonwealth (2004) kyctapp “030(2) and KRS 501.040. 4 . KRS 501.070(1).”
Taylor v. Commonwealth (1990) ky “9-400, it would undoubtedly be less than the “intentional” standard required by the theft statute, KRS 501.040. Since KRS 304.9-400 requires less culpability than KRS 514.”
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