(1) A person's ignorance or mistake as to a matter of fact or law does not relieve him of
criminal liability unless:
(a) Such ignorance or mistake negatives the existence of the culpable mental state
required for commission of an offense; or
(b) The statute under which he is charged or a statute related thereto expressly
provides that such ignorance or mistake constitutes a defense or exemption; or
(c) Such ignorance or mistake is of a kind that supports a defense of justification
as defined in this Penal Code.
(2) When ignorance or mistake relieves a person of criminal liability under subsection
(1) but he would be guilty of another offense had the situation been as he supposed
it was, he may be convicted of that other offense.
(3) A person's mistaken belief that his conduct, as a matter of law, does not constitute
an offense does not relieve him of criminal liability, unless such mistaken belief is
actually founded upon an official statement of the law, afterward determined to be
invalid or erroneous, contained in:
(a) A statute or other enactment; or
(b) A judicial decision, opinion or judgment; or
(c) An administrative order or grant of permission; or
(d) An official interpretation of the public officer or body charged by law with
responsibility for the interpretation, administration or enforcement of the law
defining the offense.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 17, effective January 1, 1975.
Notes of Decisions
Cited in
15
cases (
2 in the last 5 years), 1977–2026 · leading case:
Jacobs v. Commonwealth, 58 S.W.3d 435 (Ky. 2001).
Jacobs v. Commonwealth, 58 S.W.3d 435 (Ky. 2001).
· cites it 10× “On the basis of this testimony, Jacobs's trial counsel tendered a requested attempted first degree rape instruction which included an element outlining the KRS 501.070, mistake-of-fact defense: "C.”
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004).
· cites it 7× “KRS 501.070, titled “liability; ignorance or mistake,” provides in pertinent part: (1) A person’s ignorance or mistake as to a matter of fact or law does not relieve him of criminal liability unless: (a) Such ignorance or mistake negatives the existence of the culpable mental…”
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001).
· cites it 2× “§ 21-3203(1) (1999); Ky.Rev.Stat. § 501.070(1)(a) (1999); La.Rev.”
Lawson v. Commonwealth, 425 S.W.3d 912 (Ky. Ct. App. 2014).
· cites it 6× “The statute setting forth the possible defense for mistake is KRS 501.070. This statute provides, in relevant part: (1) A person’s ignorance or mistake as to a matter of fact or law does not relieve him of criminal liability unless: (a)Such ignorance or mistake negatives the…”
Gen. v. State, 789 A.2d 102 (Md. 2002).
“5/4-8 (West 1993); Ky.Rev.Stat. Ann. § 501.070 (Michie 1999); Me.”
Jewell v. Commonwealth, 549 S.W.2d 807 (Ky. 1977).
“The Kentucky Penal Code codifies or reenacts several “defenses,” including ignorance or mistake (KRS 501.070), intoxication (KRS 501.080), duress (KRS 501.”
State v. Cote, 945 A.2d 412 (Conn. 2008).
“§ 702-220 (4) (1993); Ky. Rev. Stat. Ann. § 501.070 (3) (LexisNexis 1999); Me.”
Cheser v. Commonwealth, 904 S.W.2d 239 (Ky. Ct. App. 1994).
“KRS 501.070. Our review of Kentucky case law has produced no cases that have specifically addressed the mistake of fact defense and whether the jury must be instructed regard- *242 mg this defense, however other cases have addressed the requirement to instruct on other statutory…”
Day v. Commonwealth, 174 S.W.3d 496 (Ky. Ct. App. 2004).
“…on the part of the victim shall not be necessary to meet this definition!.] 3 . KRS 501.030(2) and KRS 501.040. 4 . KRS 501.070(1).”
Mullikan v. Com., 341 S.W.3d 99 (Ky. 2011).
“2004); KRS 501.070. Even if Mullikan had been correct that Fields and Fryman had attempted to kill him on some earlier occasion, or that they would do so at some unspecified time in the future, he would not be justified in engaging in otherwise criminal conduct unless he…”
Smith v. Commonwealth, 587 S.W.2d 266 (Ky. Ct. App. 1979).
“Appellant’s attempt to equate the provision of KRS 501.070(1)(a) with his requested instruction upon the defense of "claim of right” to the money taken has no merit in light of what we have said above.”
Mulliran v. Commonwealth, 341 S.W.3d 99 (Ky. 2011).
“2004); KRS 501.070. Even if Mullikan had been correct that Fields and Fryman had attempted to kill him on some earlier occasion, or that they would do so at some unspecified time in the future, he would not be justified in engaging in otherwise criminal conduct unless he…”
— Ky. Rev. Stat. § 501.070(1) — 3 cases
Jacobs v. Commonwealth, 58 S.W.3d 435 (Ky. 2001).
“On the basis of this testimony, Jacobs's trial counsel tendered a requested attempted first degree rape instruction which included an element outlining the KRS 501.070, mistake-of-fact defense: "C.”
Lawson v. Commonwealth, 425 S.W.3d 912 (Ky. Ct. App. 2014).
“The statute setting forth the possible defense for mistake is KRS 501.070. This statute provides, in relevant part: (1) A person’s ignorance or mistake as to a matter of fact or law does not relieve him of criminal liability unless: (a)Such ignorance or mistake negatives the…”
Day v. Commonwealth, 174 S.W.3d 496 (Ky. Ct. App. 2004).
“…on the part of the victim shall not be necessary to meet this definition!.] 3 . KRS 501.030(2) and KRS 501.040. 4 . KRS 501.070(1).”
— Ky. Rev. Stat. § 501.070(1)(a) — 2 cases
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001).
“§ 21-3203(1) (1999); Ky.Rev.Stat. § 501.070(1)(a) (1999); La.Rev.”
Smith v. Commonwealth, 587 S.W.2d 266 (Ky. Ct. App. 1979).
“Appellant’s attempt to equate the provision of KRS 501.070(1)(a) with his requested instruction upon the defense of "claim of right” to the money taken has no merit in light of what we have said above.”
— Ky. Rev. Stat. § 501.070(3) — 2 cases
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004).
“KRS 501.070, titled “liability; ignorance or mistake,” provides in pertinent part: (1) A person’s ignorance or mistake as to a matter of fact or law does not relieve him of criminal liability unless: (a) Such ignorance or mistake negatives the existence of the culpable mental…”
— Ky. Rev. Stat. § 501.070(3)(b) — 1 case
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004).
“KRS 501.070, titled “liability; ignorance or mistake,” provides in pertinent part: (1) A person’s ignorance or mistake as to a matter of fact or law does not relieve him of criminal liability unless: (a) Such ignorance or mistake negatives the existence of the culpable mental…”
— Ky. Rev. Stat. § 501.070(l)(a) — 2 cases
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001).
“§ 21-3203(1) (1999); Ky.Rev.Stat. § 501.070(1)(a) (1999); La.Rev.”
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004).
“KRS 501.070, titled “liability; ignorance or mistake,” provides in pertinent part: (1) A person’s ignorance or mistake as to a matter of fact or law does not relieve him of criminal liability unless: (a) Such ignorance or mistake negatives the existence of the culpable mental…”
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