Ky. Rev. Stat. » Chapter 502
Kentucky Revised Statutes

Ky. Rev. Stat. § 502.040 (2026)

Liability for conduct of another -- Exemptions

✓ current as of May 2026
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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; or (2) Prior to the commission of the offense, he manifests a voluntary and complete renunciation, as defined in KRS 506.060, of his criminal purposes and: (a) Deprives his prior effort of its effectiveness in such commission; or (b) Gives timely warning to the proper law enforcement authorities or otherwise makes proper effort to prevent commission of the offense. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 23, effective January 1, 1975.

Notes of Decisions
Cited in 6 cases, 1977–2016 · leading case: Iris Jennings v. Commonwealth of Kentucky, 490 S.W.3d 339 (Ky. 2016).
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Iris Jennings v. Commonwealth of Kentucky, 490 S.W.3d 339 (Ky. 2016). · cites it 6× “The 1974 Kentucky Crime Commission/LRC Commentary accompanying KRS 502.040 (“Complicity”) and KRS 506.040 (“Criminal Conspiracy”) provides useful insight which informs our understanding of the application of KRS 506.”
Graves v. Commonwealth, 17 S.W.3d 858 (Ky. 2000). · cites it 4× “In other words, KRS 502.040 reasonably limits the reach of the complicity statute and prevents a drug purchaser from being charged with trafficking.”
Gabow v. Commonwealth, 34 S.W.3d 63 (Ky. 2000). “The defense of voluntary and complete renunciation is defined in KRS 502.040(2): A person is not guilty under KRS 502.”
Walker v. Commonwealth, 561 S.W.2d 656 (Ky. 1977). · cites it 2× “KRS 502.040(2) provides an exemption from criminal liability for the conduct of another only when the renunciation is “voluntary and complete” as defined in KRS 506.”
Iris Jennings v. Commonwealth of Kentucky (Ky. 2016). · cites it 6× “1974 Kentucky Crime Commission/ LRC Commentary accompanying KRS 502.040 ("Complicity") and KRS 506.040 ("Criminal Conspiracy") provides useful insight which informs our understanding of the application of KRS 506.”
Commonwealth of Kentucky v. Iris Jennings (Ky. 2016). · cites it 6× “1974 Kentucky Crime Commission/ LRC Commentary accompanying KRS 502.040 ("Complicity") and KRS 506.040 ("Criminal Conspiracy") provides useful insight which informs our understanding of the application of KRS 506.”
— Ky. Rev. Stat. § 502.040(1) — 4 cases
Iris Jennings v. Commonwealth of Kentucky, 490 S.W.3d 339 (Ky. 2016). “The 1974 Kentucky Crime Commission/LRC Commentary accompanying KRS 502.040 (“Complicity”) and KRS 506.040 (“Criminal Conspiracy”) provides useful insight which informs our understanding of the application of KRS 506.”
Graves v. Commonwealth, 17 S.W.3d 858 (Ky. 2000). “In other words, KRS 502.040 reasonably limits the reach of the complicity statute and prevents a drug purchaser from being charged with trafficking.”
Iris Jennings v. Commonwealth of Kentucky (Ky. 2016). “1974 Kentucky Crime Commission/ LRC Commentary accompanying KRS 502.040 ("Complicity") and KRS 506.040 ("Criminal Conspiracy") provides useful insight which informs our understanding of the application of KRS 506.”
Commonwealth of Kentucky v. Iris Jennings (Ky. 2016). “1974 Kentucky Crime Commission/ LRC Commentary accompanying KRS 502.040 ("Complicity") and KRS 506.040 ("Criminal Conspiracy") provides useful insight which informs our understanding of the application of KRS 506.”
— Ky. Rev. Stat. § 502.040(2) — 2 cases
Gabow v. Commonwealth, 34 S.W.3d 63 (Ky. 2000). “The defense of voluntary and complete renunciation is defined in KRS 502.040(2): A person is not guilty under KRS 502.”
Walker v. Commonwealth, 561 S.W.2d 656 (Ky. 1977). “KRS 502.040(2) provides an exemption from criminal liability for the conduct of another only when the renunciation is “voluntary and complete” as defined in KRS 506.”
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