Kentucky Revised Statutes

Ky. Rev. Stat. § 505.060 (2026)

Effects of fraudulent prosecution or lack of jurisdiction

✓ current as of May 2026

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A prosecution is not barred, as provided in KRS 505.030, 505.040 and 505.050 if the former prosecution:

(1) Was procured by the defendant without the knowledge of the proper prosecuting officer and with the purpose of avoiding the sentence which otherwise might be imposed; or

(2) Was before a court which lacked jurisdiction over the defendant or the offense. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 48, effective January 1, 1975.

Notes of Decisions

Cited in 2 cases, 1994–2002 · leading case: Commonwealth v. Stephenson, 82 S.W.3d 876 (Ky. 2002).

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Commonwealth v. Stephenson, 82 S.W.3d 876 (Ky. 2002). · cites it 2× “KRS 505.060 provides: A prosecution is not barred, as provided in KRS 505.”

Hash v. Commonwealth, 883 S.W.2d 892 (Ky. Ct. App. 1994). “KRS 505.060 provides that KRS 505.050 is not a bar to prosecution in the two following situations: [The former prosecution] (1) was procured by the defendant without the knowledge of the proper prosecuting officer and with the purpose of avoiding the sentence which otherwise…”

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