Ky. Rev. Stat. » Chapter 501
Kentucky Revised Statutes

Ky. Rev. Stat. § 501.080 (2026)

Liability -- Intoxication

✓ current as of May 2026
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Intoxication is a defense to a criminal charge only if such condition either:

(1) Negatives the existence of an element of the offense; or

(2) Is not voluntarily produced and deprives the defendant of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 18, effective January 1, 1975.

Notes of Decisions
Cited in 49 cases (13 in the last 5 years), 1977–2026 · leading case: King v. Commonwealth, 513 S.W.3d 919 (Ky. 2017).
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King v. Commonwealth, 513 S.W.3d 919 (Ky. 2017). · cites it 12× “See KRS 501.080. Although the *923 trial court instructed the jury on the lesser-included offenses of second- and third-degree arson and fourth-degree assault of David, it rejected his request for an explicit jury instruction on voluntary intoxication.”
Holland v. Commonwealth, 114 S.W.3d 792 (Ky. 2003). · cites it 8× “[14] KRS 501.080, Official Commentary (Banks/Baldwin 1974).”
Weaver v. Commonwealth, 298 S.W.3d 851 (Ky. 2009). · cites it 16× “Fabian's report stated that it addressed intoxication as a defense under KRS 501.080. Weaver's defense at trial was voluntary intoxication.”
Fields v. Commonwealth, 12 S.W.3d 275 (Ky. 2000). · cites it 8× “Today's majority opinion gives birth to a new principle of law that every intentional homicide case in which sufficient evidence is presented to justify a voluntary intoxication instruction pursuant to KRS 501.080 also involves questions of wantonness, and the jury must be…”
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). · cites it 4× “" KRS 501.080(1). Our cases interpret that provision to mean that the defendant must have been so intoxicated as not to know what he or she was doing.”
Springer v. Commonwealth, 998 S.W.2d 439 (Ky. 1999). · cites it 4× “There was evidence that Kimberly Springer consumed substantial quantities of alcohol, Valium and diet pills on the day and evening before her husband was killed.”
Jewell v. Commonwealth, 549 S.W.2d 807 (Ky. 1977). · cites it 5× “070), intoxication (KRS 501.080), duress (KRS 501.090), self-protection (KRS 503.”
Joshua Hammond v. Commonwealth of Kentucky, 504 S.W.3d 44 (Ky. 2016). · cites it 2× “KRS 501.080 provides as follows: Intoxication is a defense to a criminal charge only if such condition either: (1) Negatives the existence of an element of the offense; or (2) Is not voluntarily produced and deprives the defendant of substantial capacity either to appreciate the…”
Roy Edward Tucker v. Commonwealth of Kentucky, 530 S.W.3d 413 (Ky. 2017). · cites it 2× “Under KRS 501.080(1), voluntary intoxication is a defense' to a criminal charge only if the intoxication “[negatives the existence of an element of the offense.”
Foster v. Commonwealth, 827 S.W.2d 670 (Ky. 1992). · cites it 2× “KRS 501.080 provides that intoxication is a defense to a criminal charge only if the condition negates the existence of an element of the crime.”
Rogers v. Commonwealth, 86 S.W.3d 29 (Ky. 2002). · cites it 2× “" 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.”
Taylor v. Commonwealth, 995 S.W.2d 355 (Ky. 1999). · cites it 2× “KRS 501.080. Appellant admitted that he formed the intent to rob McCreary and never claimed otherwise.”
Show all 49 citing cases →
— Ky. Rev. Stat. § 501.080(1) — 26 cases
King v. Commonwealth, 513 S.W.3d 919 (Ky. 2017). “See KRS 501.080. Although the *923 trial court instructed the jury on the lesser-included offenses of second- and third-degree arson and fourth-degree assault of David, it rejected his request for an explicit jury instruction on voluntary intoxication.”
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). “" KRS 501.080(1). Our cases interpret that provision to mean that the defendant must have been so intoxicated as not to know what he or she was doing.”
Jewell v. Commonwealth, 549 S.W.2d 807 (Ky. 1977). “070), intoxication (KRS 501.080), duress (KRS 501.090), self-protection (KRS 503.”
Roy Edward Tucker v. Commonwealth of Kentucky, 530 S.W.3d 413 (Ky. 2017). “Under KRS 501.080(1), voluntary intoxication is a defense' to a criminal charge only if the intoxication “[negatives the existence of an element of the offense.”
Rogers v. Commonwealth, 86 S.W.3d 29 (Ky. 2002). “" 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. § 501.080(2) — 6 cases
Holland v. Commonwealth, 114 S.W.3d 792 (Ky. 2003). “[14] KRS 501.080, Official Commentary (Banks/Baldwin 1974).”
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). “" KRS 501.080(1). Our cases interpret that provision to mean that the defendant must have been so intoxicated as not to know what he or she was doing.”
King v. Commonwealth, 513 S.W.3d 919 (Ky. 2017). “See KRS 501.080. Although the *923 trial court instructed the jury on the lesser-included offenses of second- and third-degree arson and fourth-degree assault of David, it rejected his request for an explicit jury instruction on voluntary intoxication.”
Commonwealth v. Tate, 893 S.W.2d 368 (Ky. 1995).
Chase Weston Helvey v. Commonwealth of Kentucky (Ky. 2021).
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