Ky. Rev. Stat. » Chapter 501

Ky. Rev. Stat. § 501.050

Absolute liability

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A person may be guilty of an offense without having one (1) of the culpable mental states defined in KRS 501.020 only when: (1) The offense is a violation or a misdemeanor as defined in KRS 500.080 and no particular culpable mental state is included within the definition of the offense; or (2) The offense is defined by a statute other than this Penal Code and the statute clearly indicates a legislative purpose to impose absolute liability for the conduct described. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 15, effective January 1, 1975.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1982–2022 · leading case: Love v. Commonwealth
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Love v. Commonwealth (2001) ky · cites it 6× “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 apply to any…”
Robertson v. Commonwealth (2002) ky · cites it 4× “” 20 KRS 501.050 states that a person can be guilty of a criminal offense “without having one (1) of the culpable mental states defined in *847 KRS 501.”
Saxton v. Commonwealth (2010) ky · cites it 3× “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…”
Commonwealth v. McBride (2009) ky · cites it 2× “" KRS 501.050(2). KRS 17.510 does not just set forth one felony offense.”
Walker v. Commonwealth (2004) ky · cites it 2× “[h]e 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.”). KRS…”
Covington v. Commonwealth (1992) kyctapp · cites it 4× “025(l)(b), 1 appellant argues the statute imposes strict liability and is invalid because it fails to meet the statutory requirements of KRS 501.050. While it is true KRS 508.025(l)(b) does not expressly state the mens rea required for the offense of third-degree assault, this…”
Staples v. Commonwealth (2014) ky “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…”
Estes v. Commonwealth (1997) ky · cites it 2× “" Moreover, KRS 501.050(2) allows the imposition of absolute liability only when the legislature clearly intends it.”
Malone v. Commonwealth (1982) ky “Appellant nonetheless argues that a culpable mental state is required for all criminal offenses by KRS 501.050 unless the offense is a violation, misdemeanor, or one defined outside the Penal Code, which rape and sodomy clearly are not.”
Taylor v. Commonwealth (1990) ky “” The insurance statute requires no particular mental state, and a person could be convicted under this statute with no particular culpable mental state since it is a “violation,” KRS 501.050(1). Even if a culpable mental state were required for conviction under KRS 304.”
Shemon Devonte Clayton, a/k/a Shemon Devante Clayton (2022) vactapp “21-5202(d) (“a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element”); Ky. Rev. Stat. Ann. § 501.050 (2) (“clearly indicates”); Me.”
Shemon Devonte Clayton v. Commonwealth of Virginia (2022) vactapp “21-5202(d) (“a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element”); Ky. Rev. Stat. Ann. § 501.050 (2) (“clearly indicates”); Me.”
— Ky. Rev. Stat. § 501.050(1) — 2 cases
Robertson v. Commonwealth (2002) ky “” 20 KRS 501.050 states that a person can be guilty of a criminal offense “without having one (1) of the culpable mental states defined in *847 KRS 501.”
Taylor v. Commonwealth (1990) ky “” The insurance statute requires no particular mental state, and a person could be convicted under this statute with no particular culpable mental state since it is a “violation,” KRS 501.050(1). Even if a culpable mental state were required for conviction under KRS 304.”
— Ky. Rev. Stat. § 501.050(2) — 3 cases
Commonwealth v. McBride (2009) ky “" KRS 501.050(2). KRS 17.510 does not just set forth one felony offense.”
Estes v. Commonwealth (1997) ky “" Moreover, KRS 501.050(2) allows the imposition of absolute liability only when the legislature clearly intends it.”
Robertson v. Commonwealth (2002) ky “” 20 KRS 501.050 states that a person can be guilty of a criminal offense “without having one (1) of the culpable mental states defined in *847 KRS 501.”
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