Ky. Rev. Stat. » Chapter 504
Kentucky Revised Statutes

Ky. Rev. Stat. § 504.120 (2026)

Verdicts of jury

✓ current as of May 2026
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In cases in which the defendant provides evidence at trial of his mental illness or insanity at the time of the offense, the jury or court may find the defendant:

(1) Guilty;

(2) Not guilty;

(3) Not guilty by reason of insanity at the time of the offense; or

(4) Guilty but mentally ill at the time of the offense. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 113, sec. 7, effective July 15, 1982.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1985–2025 · leading case: Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003).
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Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). · cites it 2× “060(5); KRS 504.120(3); KRS 532.025(2)(b)(7). [4] In his argument, the prosecutor stated: That at the time of the offense the capacity of either defendant to conform their [sic] conduct to the requirements of the law was impaired as a result of intoxication.”
McClellan v. Commonwealth, 715 S.W.2d 464 (Ky. 1986). · cites it 2× “KRS 504.120. On the other hand "extreme emotional disturbance" does not exculpate the actor from criminal responsibility; it merely reduces the crime from murder to manslaughter, or from assault to the lesser offense of assault under extreme emotional disturbance.”
Keeling v. Commonwealth, 381 S.W.3d 248 (Ky. 2012). · cites it 2× “It was this proposed Resolution which led the Court to believe "that the Legislature, with passage of KRS 504.120-, 150, has put into place a system lacking in adequate funding, and has taken no positive measures to correct this deficiency, thus falling clearly in contravention…”
Brown v. Commonwealth, 934 S.W.2d 242 (Ky. 1996). · cites it 3× “The first of these arguments involves the statutory provisions which authorize a guilty but mentally ill verdict ("GBMI") — KRS 504.120, KRS 504.130, KRS 504.140, and KRS 504.”
Hall v. Commonwealth, 468 S.W.3d 814 (Ky. 2015). “020 as well as the option of finding the defendant guilty but mentally ill under KRS 504.120 and 504.130. The jury ultimately found Hall guilty but mentally ill of both counts of intentional murder and the four counts of first-degree wanton endangerment.”
Dunlap v. Commonwealth, 435 S.W.3d 537 (Ky. 2013). “17 KRS 504.120(4) provides: “In cases in which the defendant provides evidence at trial of his mental illness or insanity at the time of the offense, the jury or court may find the defendant .”
Wellman v. Commonwealth, 694 S.W.2d 696 (Ky. 1985). “The verdict of the jury was rendered pursuant to KRS 504.120 and KRS 504.130, finding the appellant guilty but mentally ill at the time of the offense.”
Mitchell v. Commonwealth, 781 S.W.2d 510 (Ky. 1989). · cites it 2× “Our statute, KRS 504.120, places the burden squarely on the defendant, where it belongs, to prove his insanity.”
State v. Neely, 819 P.2d 249 (N.M. 1991). “Code § 35-36-2-3 , -5 (1985); Kentucky, see Ky. Rev. Stat. Ann. §§ 504.120 -.150 (1990); Michigan, see Mich.”
Star v. Commonwealth, 313 S.W.3d 30 (Ky. 2010). “KRS 504.120(4) authorizes the verdict of guilty but mentally ill at the time of the offense.”
Neely v. Newton, 149 F.3d 1074 (10th Cir. 1998). “§ 35-36-2-3; Kentucky, Ky.Rev.Stat. Ann. §§ 504.120, 130; Mich igan, Mich.”
Commonwealth v. Durham, 57 S.W.3d 829 (Ky. 2001). “); KRS 504.120: In cases in which the defendant provides evidence at trial of his mental illness or insanity at the time of the offense, the jury or court may find the defendant: (1) Guilty; (2) Not guilty; (3) Not guilty by reason of insanity at the time of the offense; or (4)…”
Show all 16 citing cases →
— Ky. Rev. Stat. § 504.120(3) — 2 cases
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). “060(5); KRS 504.120(3); KRS 532.025(2)(b)(7). [4] In his argument, the prosecutor stated: That at the time of the offense the capacity of either defendant to conform their [sic] conduct to the requirements of the law was impaired as a result of intoxication.”
George Slaughter v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
— Ky. Rev. Stat. § 504.120(4) — 4 cases
Dunlap v. Commonwealth, 435 S.W.3d 537 (Ky. 2013). “17 KRS 504.120(4) provides: “In cases in which the defendant provides evidence at trial of his mental illness or insanity at the time of the offense, the jury or court may find the defendant .”
Keeling v. Commonwealth, 381 S.W.3d 248 (Ky. 2012). “It was this proposed Resolution which led the Court to believe "that the Legislature, with passage of KRS 504.120-, 150, has put into place a system lacking in adequate funding, and has taken no positive measures to correct this deficiency, thus falling clearly in contravention…”
Star v. Commonwealth, 313 S.W.3d 30 (Ky. 2010). “KRS 504.120(4) authorizes the verdict of guilty but mentally ill at the time of the offense.”
Commonwealth of Kentucky v. Cornell Denmark Thomas, II (Ky. Ct. App. 2025).
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