Kentucky Revised Statutes

Ky. Rev. Stat. § 505.020 (2026)

Prosecution for multiple offenses

✓ current as of May 2026

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(1) When a single course of conduct of a defendant may establish the commission of more than one (1) offense, he may be prosecuted for each such offense. He may not, however, be convicted of more than one (1) offense when: (a) One offense is included in the other, as defined in subsection (2); or (b) Inconsistent findings of fact are required to establish the commission of the offenses; or (c) The offense is designed to prohibit a continuing course of conduct and the defendant's course of conduct was uninterrupted by legal process, unless the law expressly provides that specific periods of such conduct constitute separate offenses. (2) A defendant may be convicted of an offense that is included in any offense with which he is formally charged. An offense is so included when: (a) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or (b) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein; or (c) It differs from the offense charged only in the respect that a lesser kind of culpability suffices to establish its commission; or (d) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest suffices to establish its commission. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 44, effective January 1, 1975.

Notes of Decisions

Cited in 205 cases (43 in the last 5 years), 1977–2026 · leading case: Kiper v. Commonwealth, 399 S.W.3d 736 (Ky. 2012).

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Kiper v. Commonwealth, 399 S.W.3d 736 (Ky. 2012). · cites it 26× “Our review of that argument requires us to contrast the constitutional protection against double jeopardy found in the Fifth Amendment of the United States Constitution and the statutory restraint embodied in KRS 505.020 against prosecutions of multiple offenses that arise out…”

Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). · cites it 16× “See also Official Commentary to KRS 505.020 (Banks/Baldwin 1974) ("[Subsection (2)] provide[s] .”

Spicer v. Commonwealth, 442 S.W.3d 26 (Ky. 2014). · cites it 15× “Double Jeopardy Double jeopardy determinations are subject to KRS 505.020. We recently discussed KRS 505.”

Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003). · cites it 9× “A Logan Circuit Court jury convicted Appellant on all remaining counts (including possession of marijuana, a lesser included offense under Count III, which was subsequently dis *202 missed pursuant to KRS 505.020) and recommended that his sentences run concurrently for a total…”

McNeil v. Commonwealth, 468 S.W.3d 858 (Ky. 2015). · cites it 21× “The general rule, the legislature has declared, is simple: “[w]hen a single course of conduct of a defendant may establish the commission of more than one (1) offense, he may be prosecuted for each such offense.”

Commonwealth v. Burge, 947 S.W.2d 805 (Ky. 1997). · cites it 10× “United States, supra , and KRS 505.020. Specifically, we overrule Walden v.”

Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000). · cites it 20× “[9] *729 The commentary to KRS 505.020 thus conclusively establishes that "definitional overlap" between elements of crimes may qualify a crime as a lesser included offense.”

Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004). · cites it 4× “"); see also KRS 505.020 Kentucky Crime Commission/LRC Commentary (1974) ("[Subsection (2)] provide[s] .”

Quisenberry v. Commonwealth, 336 S.W.3d 19 (Ky. 2011). · cites it 5× “But, under KRS 505.020 and double jeopardy precedent, the two gunshot wounds, one to the thigh and one.”

Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008). · cites it 10× “020(1): "A person is guilty of criminal mischief in the first degree when, having no right to do so or any reasonable ground to believe that he has such right, he intentionally or wantonly defaces, destroys or damages any property causing pecuniary loss of $1,000 or more.”

Dixon v. Commonwealth, 263 S.W.3d 583 (Ky. 2008). · cites it 6× “17 And the Blockburger test has found favor with the General Assembly since KRS 505.020, 18 enacted in 1974, is a legislative codification of the Blockburger test.”

Williams v. Commonwealth, 213 S.W.3d 671 (Ky. 2006). · cites it 8× “1404(3), then the four charges for the four separate prescriptions issued on August 7 and September 5 did not in any way violate the U.”

Show all 205 citing cases →

— Ky. Rev. Stat. § 505.020(1) — 31 cases

Spicer v. Commonwealth, 442 S.W.3d 26 (Ky. 2014). “Double Jeopardy Double jeopardy determinations are subject to KRS 505.020. We recently discussed KRS 505.”

Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003). “A Logan Circuit Court jury convicted Appellant on all remaining counts (including possession of marijuana, a lesser included offense under Count III, which was subsequently dis *202 missed pursuant to KRS 505.020) and recommended that his sentences run concurrently for a total…”

Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “See also Official Commentary to KRS 505.020 (Banks/Baldwin 1974) ("[Subsection (2)] provide[s] .”

Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000). “[9] *729 The commentary to KRS 505.020 thus conclusively establishes that "definitional overlap" between elements of crimes may qualify a crime as a lesser included offense.”

Shemwell v. Commonwealth, 294 S.W.3d 430 (Ky. 2009).

— Ky. Rev. Stat. § 505.020(1)(0) — 1 case

D'Andre Swain v. Commonwealth of Kentucky (Ky. 2017).

— Ky. Rev. Stat. § 505.020(1)(a) — 12 cases

Taylor v. Commonwealth, 995 S.W.2d 355 (Ky. 1999).

Commonwealth v. Burge, 947 S.W.2d 805 (Ky. 1997). “United States, supra , and KRS 505.020. Specifically, we overrule Walden v.”

Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “See also Official Commentary to KRS 505.020 (Banks/Baldwin 1974) ("[Subsection (2)] provide[s] .”

Hamilton v. Commonwealth, 659 S.W.2d 201 (Ky. 1983).

— Ky. Rev. Stat. § 505.020(1)(b) — 16 cases

Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “See also Official Commentary to KRS 505.020 (Banks/Baldwin 1974) ("[Subsection (2)] provide[s] .”

Ricardo D. Taylor v. Commonwealth of Kentucky (Ky. 2020).

Christopher A. Hill v. Commonwealth of Kentucky (Ky. 2020).

Ricardo D. Taylor v. Commonwealth of Kentucky (Ky. 2020).

Lonnie Conyers v. Commonwealth of Kentucky (Ky. 2017).

— Ky. Rev. Stat. § 505.020(1)(c) — 19 cases

Williams v. Commonwealth, 213 S.W.3d 671 (Ky. 2006). “1404(3), then the four charges for the four separate prescriptions issued on August 7 and September 5 did not in any way violate the U.”

Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008). “020(1): "A person is guilty of criminal mischief in the first degree when, having no right to do so or any reasonable ground to believe that he has such right, he intentionally or wantonly defaces, destroys or damages any property causing pecuniary loss of $1,000 or more.”

Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004).

Commonwealth v. Burge, 947 S.W.2d 805 (Ky. 1997). “United States, supra , and KRS 505.020. Specifically, we overrule Walden v.”

Stewart v. Commonwealth, 306 S.W.3d 502 (Ky. 2010).

— Ky. Rev. Stat. § 505.020(2) — 38 cases

Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004). “"); see also KRS 505.020 Kentucky Crime Commission/LRC Commentary (1974) ("[Subsection (2)] provide[s] .”

Houston v. Commonwealth, 975 S.W.2d 925 (Ky. 1998).

State v. Burns, 6 S.W.3d 453 (Tenn. 1999).

Hudson v. Commonwealth, 202 S.W.3d 17 (Ky. 2006).

Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “See also Official Commentary to KRS 505.020 (Banks/Baldwin 1974) ("[Subsection (2)] provide[s] .”

— Ky. Rev. Stat. § 505.020(2)(a) — 44 cases

Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “See also Official Commentary to KRS 505.020 (Banks/Baldwin 1974) ("[Subsection (2)] provide[s] .”

Hall v. Commonwealth, 337 S.W.3d 595 (Ky. 2011).

Clark v. Commonwealth, 223 S.W.3d 90 (Ky. 2007).

Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006).

— Ky. Rev. Stat. § 505.020(2)(b) — 3 cases

Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “See also Official Commentary to KRS 505.020 (Banks/Baldwin 1974) ("[Subsection (2)] provide[s] .”

McNeil v. Commonwealth, 468 S.W.3d 858 (Ky. 2015). “The general rule, the legislature has declared, is simple: “[w]hen a single course of conduct of a defendant may establish the commission of more than one (1) offense, he may be prosecuted for each such offense.”

Jennifer S. Smith v. Commonwealth of Kentucky (Ky. Ct. App. 2020).

— Ky. Rev. Stat. § 505.020(2)(c) — 4 cases

Jennifer S. Smith v. Commonwealth of Kentucky (Ky. Ct. App. 2020).

Jermaine Beamon v. Commonwealth of Kentucky (Ky. 2023).

— Ky. Rev. Stat. § 505.020(2)(d) — 5 cases

Shouse v. Commonwealth, 481 S.W.3d 480 (Ky. 2015).

Watson v. Commonwealth, 579 S.W.2d 103 (Ky. 1979).

Muse v. Commonwealth, 551 S.W.2d 564 (Ky. 1977).

Jennifer S. Smith v. Commonwealth of Kentucky (Ky. Ct. App. 2020).

— Ky. Rev. Stat. § 505.020(2)(e) — 1 case

Quisenberry v. Commonwealth, 336 S.W.3d 19 (Ky. 2011). “But, under KRS 505.020 and double jeopardy precedent, the two gunshot wounds, one to the thigh and one.”

— Ky. Rev. Stat. § 505.020(a) — 1 case

— Ky. Rev. Stat. § 505.020(c) — 1 case

Allen v. Commonwealth, 338 S.W.3d 252 (Ky. 2011).

— Ky. Rev. Stat. § 505.020(l)(a) — 17 cases

Spicer v. Commonwealth, 442 S.W.3d 26 (Ky. 2014). “Double Jeopardy Double jeopardy determinations are subject to KRS 505.020. We recently discussed KRS 505.”

Kiper v. Commonwealth, 399 S.W.3d 736 (Ky. 2012). “Our review of that argument requires us to contrast the constitutional protection against double jeopardy found in the Fifth Amendment of the United States Constitution and the statutory restraint embodied in KRS 505.020 against prosecutions of multiple offenses that arise out…”

Benet v. Commonwealth, 253 S.W.3d 528 (Ky. 2008).

— Ky. Rev. Stat. § 505.020(l)(b) — 11 cases

Biederman v. Commonwealth, 434 S.W.3d 40 (Ky. 2014).

Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “See also Official Commentary to KRS 505.020 (Banks/Baldwin 1974) ("[Subsection (2)] provide[s] .”

Roy Edward Tucker v. Commonwealth of Kentucky, 530 S.W.3d 413 (Ky. 2017).

Montgomery v. Commonwealth, 505 S.W.3d 274 (Ky. Ct. App. 2016).

— Ky. Rev. Stat. § 505.020(l)(c) — 17 cases

Williams v. Commonwealth, 213 S.W.3d 671 (Ky. 2006). “1404(3), then the four charges for the four separate prescriptions issued on August 7 and September 5 did not in any way violate the U.”

Commonwealth v. Burge, 947 S.W.2d 805 (Ky. 1997). “United States, supra , and KRS 505.020. Specifically, we overrule Walden v.”

— Ky. Rev. Stat. § 505.020(l)(e) — 1 case

Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004).

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