(1) A person is guilty of an offense committed by an innocent or irresponsible person
when he:
(a) Acts with the culpability that is sufficient for commission of that offense; and
(b) Causes that innocent or irresponsible person to engage in conduct constituting
the offense.
(2) As used in this section, an "innocent or irresponsible person" includes anyone who
is not guilty of the offense in question, despite his participation, because of:
(a) Criminal irresponsibility or other legal incapacity or exemption; or
(b) Unawareness of the criminal nature of the conduct in question or the
defendant's criminal purpose; or
(c) Any other factor precluding the mental state sufficient for the commission of
the offense in question.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 20, effective January 1, 1975.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2000–2024 · leading case:
Graves v. Commonwealth, 17 S.W.3d 858 (Ky. 2000).
Graves v. Commonwealth, 17 S.W.3d 858 (Ky. 2000).
· cites it 2× “040(1), which explains that: A person is not guilty under KRS 502.010 or 502.020 for an offense committed by another person when: (1) The offense is so defined that his conduct is inevitably incident to its commission.”
Tharp v. Commonwealth, 40 S.W.3d 356 (Ky. 2000).
· cites it 2× “030(1): In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another person pursuant to KRS 502.010 and 502.020, it is no defense that: (1) Such other person has not been prosecuted for or convicted of any offense based on…”
Gabow v. Commonwealth, 34 S.W.3d 63 (Ky. 2000).
“040(2): A person is not guilty under KRS 502.010 or 502.020 for an offense committed by another person when: (2) Prior to the commission of the offense, he manifests a voluntary and complete renunciation, as defined in KRS 506.”
Antonio Marsonel Wilson v. Commonwealth of Kentucky (Ky. 2024).
“030(1) [which provides that in] any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another person pursuant to KRS 502.010 and KRS 502.020, it is no defense that .”
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