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

Ky. Rev. Stat. § 501.090 (2026)

Liability -- Duress

✓ current as of May 2026
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(1) In any prosecution for an offense other than an intentional homicide, it is a defense that the defendant engaged in the proscribed conduct because he was coerced to do so by the use of, or a threat of the use of, unlawful physical force against him or another person which a person in his situation could not reasonably be expected to resist. (2) The defense provided by subsection (1) is unavailable if the defendant intentionally or wantonly placed himself in a situation in which it was probable that he would be subjected to coercion. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 19, effective January 1, 1975.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1977–2026 · leading case: Joshua Hammond v. Commonwealth of Kentucky, 504 S.W.3d 44 (Ky. 2016).
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Joshua Hammond v. Commonwealth of Kentucky, 504 S.W.3d 44 (Ky. 2016). · cites it 2× “KRS 501.090 provides as follows: (1) In any prosecution for an offense other than an intentional homicide, it is a defense that the defendant engaged in the proscribed conduct because he was coerced to do so by the use of, or a threat of the use of, unlawful physical force…”
Foster v. Commonwealth, 827 S.W.2d 670 (Ky. 1992). · cites it 2× “" KRS 501.090(2). The trial court properly relegated Powell's claim of duress to the penalty phase of the trial where it was considered as a mitigating circumstance.”
Taylor v. Commonwealth, 995 S.W.2d 355 (Ky. 1999). · cites it 2× “*361 Appellant claims the trial judge should have instructed the jury on the justification of duress, KRS 501.090, based on his own testimony that Cotton threatened to take his life if he did not take McCreary's truck.”
Hudson v. Commonwealth, 202 S.W.3d 17 (Ky. 2006). “2d at 361 (finding error when trial court refused to instruct jury on statutory justification of duress, KRS 501.090, despite paucity of supporting evidence); Mishler, 556 S.”
Tully v. State, 730 P.2d 1206 (Okla. Crim. App. 1986). · cites it 2× “§ 21-3209 (1974) (murder or voluntary manslaughter); Ky.Rev.Stat. § 501.090 (1975) (intentional homicide); La.”
State v. Hunter, 740 P.2d 559 (Kan. 1987). “§ 35-41-3-8 (Burns 1985); Ky. Rev. Stat. Ann. § 501.090 (Michie 1985); Me.”
Commonwealth v. Robinson, 415 N.E.2d 805 (Mass. 1981). “§ 21-3209 (1974) (murder or voluntary manslaughter); Ky. Rev. Stat. § 501.090 (1975) (intentional homicide); La.”
United States v. Pete Mitchell, 725 F.2d 832 (2d Cir. 1983). “10 (West 1979) (intentional or reckless act causing physical injury); Ky.Rev.Stat. § 501.090 (1975) (intentional homicide).”
Jewell v. Commonwealth, 549 S.W.2d 807 (Ky. 1977). “080), duress (KRS 501.090), self-protection (KRS 503.050), protection of others (KRS 503.”
Lawless v. Commonwealth, 323 S.W.3d 676 (Ky. 2010). “090(1), it is a defense to any charge but intentional homicide, “that the defendant engaged in the proscribed conduct because he was coerced to do so by the use of, or a threat of the use of, unlawful physical force against him or another person which a person in his situation…”
Halvorsen v. Commonwealth, 258 S.W.3d 1 (Ky. 2007). “KRS 501.090. 12 . See Ake v. Oklahoma, 470 U.”
Bates v. Commonwealth, 145 S.W.3d 845 (Ky. Ct. App. 2004). · cites it 2× “He contends, however, that the present version of KRS 501.090 does not require an imminent threat of injury.”
Show all 14 citing cases →
— Ky. Rev. Stat. § 501.090(1) — 2 cases
Lawless v. Commonwealth, 323 S.W.3d 676 (Ky. 2010). “090(1), it is a defense to any charge but intentional homicide, “that the defendant engaged in the proscribed conduct because he was coerced to do so by the use of, or a threat of the use of, unlawful physical force against him or another person which a person in his situation…”
Eric Sargent v. Commonwealth of Kentucky (Ky. Ct. App. 2026).
— Ky. Rev. Stat. § 501.090(2) — 1 case
Foster v. Commonwealth, 827 S.W.2d 670 (Ky. 1992). “" KRS 501.090(2). The trial court properly relegated Powell's claim of duress to the penalty phase of the trial where it was considered as a mitigating circumstance.”
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