Ky. Rev. Stat. » Chapter 506
Kentucky Revised Statutes

Ky. Rev. Stat. § 506.010 (2026)

Criminal attempt

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(1) A person is guilty of criminal attempt to commit a crime when, acting with the kind of culpability otherwise required for commission of the crime, he or she:

(a) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as he or she believes them to be; or

(b) Intentionally does or omits to do anything which, under the circumstances as he or she believes them to be, is a substantial step in a course of conduct planned to culminate in his commission of the crime.

(2) Conduct shall not be held to constitute a substantial step under subsection (1)(b) of this section unless it is an act or omission which leaves no reasonable doubt as to the defendant's intention to commit the crime which he or she is charged with attempting.

(3) A person is guilty of criminal attempt to commit a crime when he engages in conduct intended to aid another person to commit that crime, although the crime is not committed or attempted by the other person, provided that his or her conduct would establish complicity under KRS 502.020 if the crime were committed by the other person.

(4) A criminal attempt is a:

(a) Class C felony when the crime attempted is a violation of KRS 521.020 or 521.050;

(b) Class B felony when the crime attempted is a Class A felony or capital offense;

(c) Class C felony when the crime attempted is a Class B felony;

(d) Class A misdemeanor when the crime attempted is a Class C or D felony; or

(e) Class B misdemeanor when the crime attempted is a misdemeanor.

(5) Notwithstanding KRS Chapter 532, a person who has been convicted of, or entered a plea of guilty or nolo contendere to, criminal attempt to commit murder of a first responder shall be sentenced to imprisonment for:

(a) At least twenty (20) years;

(b) Life; or

(c) Life without benefit of probation or parole until the person has served a minimum of twenty-five (25) years. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 26, effective July 15, 2024. -- Amended 1994 Ky. Acts ch. 477, sec. 2, effective July 15, 1994. -- Created 1974 Ky. Acts ch. 406, sec. 49, effective January 1, 1975.

Notes of Decisions
Cited in 95 cases (22 in the last 5 years), 1977–2026 · leading case: Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003).
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Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). · cites it 54× “211(2), discussed infra, that fact does create an issue as to whether mere possession of some but less than all of the necessary chemicals or equipment can constitute a Class C criminal attempt under KRS 506.010 to violate what otherwise would be a Class B criminal attempt under…”
Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). · cites it 6× “The majority also rejected the applicability of criminal attempt under KRS 506.010 unless all the chemicals or equipment necessary to manufacture methamphetamine were present.”
Rogers v. Commonwealth, 315 S.W.3d 303 (Ky. 2010). · cites it 4× “020, and the meaning of criminal attempt, KRS 506.010. In considering a motion for a directed verdict, the trial court is required to draw all fair and reasonable inferences from the evidence in favor of the Commonwealth.”
Luttrell v. Commonwealth, 554 S.W.2d 75 (Ky. 1977). · cites it 4× “KRS 506.010(1)(b); KRS 507.020. Assault in the second degree requires a state of mind, an act and a result, physical injury.”
Kirkland v. Commonwealth, 53 S.W.3d 71 (Ky. 2001). · cites it 4× “KRS 506.010 states that a person is guilty of criminal attempt "when he engages in conduct intended to aid another person to commit that crime, although the crime is not committed or attempted by the other person, provided that his conduct would establish complicity under KRS…”
Commonwealth of Kentucky v. Douglas Rank, 494 S.W.3d 476 (Ky. 2016). · cites it 2× “KRS 506.010(4)(b) ("A criminal attempt is a: .”
Hatfield v. Commonwealth, 250 S.W.3d 590 (Ky. 2008). · cites it 3× “Appellant argues that the evidence presented at trial was insufficient to support his conviction of criminal attempt to commit murder, KRS 506.010, and intimidating a witness in a legal process, KRS 524.”
Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005). · cites it 2× “See KRS 506.010; Commonwealth v. Prather, 690 S.”
Young v. Commonwealth, 968 S.W.2d 670 (Ky. 1998). · cites it 3× “030, mere words are insufficient to support convictions of criminal attempt to commit an offense, KRS 506.010. He does not assert that he was entitled to or desired instructions on criminal solicitation.”
Price v. Commonwealth, 31 S.W.3d 885 (Ky. 2000). · cites it 2× “Under the totality of these circumstances, there was no abuse of discretion in using a hybrid method which protected Appellant's constitutional rights.”
Parrish v. Commonwealth, 121 S.W.3d 198 (Ky. 2003). · cites it 2× “020 (two counts); criminal attempt to commit murder in violation of KRS 506.010 and KRS 507.020; first-degree robbery, KRS 515.”
Bussey v. Commonwealth, 697 S.W.2d 139 (Ky. 1985). · cites it 2× “KRS 506.010(2) provides that "Conduct shall not be held to constitute a substantial step .”
Show all 95 citing cases →
Ky. Rev. Stat. § 506.010(1): 5 cases
Wright v. Commonwealth, 239 S.W.3d 63 (Ky. 2007).
Johnson v. Commonwealth, 875 S.W.2d 105 (Ky. Ct. App. 1994).
Quist v. Commonwealth, 338 S.W.3d 778 (Ky. Ct. App. 2010).
Taylor Clark v. Commonwealth of Kentucky, 716 S.W.3d 233 (Ky. Ct. App. 2024).
Tristian Long v. Commonwealth of Kentucky, No. 2025-CA-0236 (Ky. Ct. App. June 12, 2026).
Ky. Rev. Stat. § 506.010(1)(a): 5 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “211(2), discussed infra, that fact does create an issue as to whether mere possession of some but less than all of the necessary chemicals or equipment can constitute a Class C criminal attempt under KRS 506.010 to violate what otherwise would be a Class B criminal attempt under…”
Sheard v. Novo Nordisk Inc., 595 F. Supp. 3d 604 (W.D. Ky. 2022).
Sheard v. Novo Nordisk Inc., No. 3:20-cv-00152 (W.D. Ky. June 7, 2024).
Bryan Greenwell v. Commonwealth of Kentucky, No. 2018 SC 0496 (Ky. Mar. 24, 2021).
Adam Boone v. Commonwealth of Kentucky, No. 2021 CA 001067 (Ky. Ct. App. Sept. 22, 2022).
Ky. Rev. Stat. § 506.010(1)(b): 7 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “211(2), discussed infra, that fact does create an issue as to whether mere possession of some but less than all of the necessary chemicals or equipment can constitute a Class C criminal attempt under KRS 506.010 to violate what otherwise would be a Class B criminal attempt under…”
Luttrell v. Commonwealth, 554 S.W.2d 75 (Ky. 1977). “KRS 506.010(1)(b); KRS 507.020. Assault in the second degree requires a state of mind, an act and a result, physical injury.”
Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003).
Patrick Lynn Greer v. Commonwealth of Kentucky, No. 2023-CA-0840 (Ky. Ct. App. Aug. 29, 2025).
Joel David Searcy v. Commonwealth of Kentucky, No. 2015 SC 000357 (Ky. Aug. 22, 2016).
Ky. Rev. Stat. § 506.010(2): 6 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “211(2), discussed infra, that fact does create an issue as to whether mere possession of some but less than all of the necessary chemicals or equipment can constitute a Class C criminal attempt under KRS 506.010 to violate what otherwise would be a Class B criminal attempt under…”
Bussey v. Commonwealth, 697 S.W.2d 139 (Ky. 1985). “KRS 506.010(2) provides that "Conduct shall not be held to constitute a substantial step .”
Young v. Commonwealth, 968 S.W.2d 670 (Ky. 1998). “030, mere words are insufficient to support convictions of criminal attempt to commit an offense, KRS 506.010. He does not assert that he was entitled to or desired instructions on criminal solicitation.”
Commonwealth v. Prather, 690 S.W.2d 396 (Ky. 1985).
Slaughter v. Commonwealth, 45 S.W.3d 873 (Ky. Ct. App. 2000).
Ky. Rev. Stat. § 506.010(3): 2 cases
Kirkland v. Commonwealth, 53 S.W.3d 71 (Ky. 2001). “KRS 506.010 states that a person is guilty of criminal attempt "when he engages in conduct intended to aid another person to commit that crime, although the crime is not committed or attempted by the other person, provided that his conduct would establish complicity under KRS…”
Paul Estes v. Commonwealth of Kentucky, No. 2014 SC 000320 (Ky. June 3, 2016).
Ky. Rev. Stat. § 506.010(4): 2 cases
Price v. Commonwealth, 31 S.W.3d 885 (Ky. 2000). “Under the totality of these circumstances, there was no abuse of discretion in using a hybrid method which protected Appellant's constitutional rights.”
Wood v. Commonwealth, 567 S.W.2d 121 (Ky. 1978).
Ky. Rev. Stat. § 506.010(4)(a): 3 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “211(2), discussed infra, that fact does create an issue as to whether mere possession of some but less than all of the necessary chemicals or equipment can constitute a Class C criminal attempt under KRS 506.010 to violate what otherwise would be a Class B criminal attempt under…”
Luttrell v. Commonwealth, 554 S.W.2d 75 (Ky. 1977). “KRS 506.010(1)(b); KRS 507.020. Assault in the second degree requires a state of mind, an act and a result, physical injury.”
Sherley v. Commonwealth, 558 S.W.2d 615 (Ky. 1977).
Ky. Rev. Stat. § 506.010(4)(b): 5 cases
Commonwealth of Kentucky v. Douglas Rank, 494 S.W.3d 476 (Ky. 2016). “KRS 506.010(4)(b) ("A criminal attempt is a: .”
Bruce v. Commonwealth, 581 S.W.2d 8 (Ky. 1979).
Pharo Wilson v. Cookie Crews, No. 2020 CA 001497 (Ky. Ct. App. Aug. 5, 2021).
Stanford Shelton v. Commonwealth of Kentucky, No. 2023-SC-0166 (Ky. Feb. 20, 2025).
Cortes Thornton v. Commonwealth of Kentucky, No. 2024-CA-1129 (Ky. Ct. App. Oct. 24, 2025).
Ky. Rev. Stat. § 506.010(4)(c): 5 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “211(2), discussed infra, that fact does create an issue as to whether mere possession of some but less than all of the necessary chemicals or equipment can constitute a Class C criminal attempt under KRS 506.010 to violate what otherwise would be a Class B criminal attempt under…”
Commonwealth of Kentucky v. Douglas Rank, 494 S.W.3d 476 (Ky. 2016). “KRS 506.010(4)(b) ("A criminal attempt is a: .”
Slaughter v. Commonwealth, 45 S.W.3d 873 (Ky. Ct. App. 2000).
Lawrence Richardson v. Commonwealth of Kentucky, 645 S.W.3d 425 (Ky. 2022).
Taylor Clark v. Commonwealth of Kentucky, 716 S.W.3d 233 (Ky. Ct. App. 2024).
Ky. Rev. Stat. § 506.010(4)(d): 7 cases
Carver v. Commonwealth, 303 S.W.3d 110 (Ky. 2010).
Miller v. Commonwealth, 391 S.W.3d 801 (Ky. 2013).
James Oakley v. Commonwealth of Kentucky, No. 2020 CA 000609 (Ky. Ct. App. May 20, 2021).
William Roy Helm Jr v. Commonwealth of Kentucky, No. 2017-SC-0084 (Ky. Mar. 22, 2018).
Commonwealth of Kentucky v. William Roy Helm Jr, No. 2016-SC-0370 (Ky. Mar. 22, 2018).
Ky. Rev. Stat. § 506.010(5): 1 case
Commonwealth of Kentucky v. Russell T. Amboree, 730 S.W.3d 887 (Ky. 2026).
Ky. Rev. Stat. § 506.010(l)(a): 1 case
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “211(2), discussed infra, that fact does create an issue as to whether mere possession of some but less than all of the necessary chemicals or equipment can constitute a Class C criminal attempt under KRS 506.010 to violate what otherwise would be a Class B criminal attempt under…”
Ky. Rev. Stat. § 506.010(l)(b): 10 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “211(2), discussed infra, that fact does create an issue as to whether mere possession of some but less than all of the necessary chemicals or equipment can constitute a Class C criminal attempt under KRS 506.010 to violate what otherwise would be a Class B criminal attempt under…”
Johnson v. Commonwealth, 405 S.W.3d 439 (Ky. 2013).
Combs v. Commonwealth, 198 S.W.3d 574 (Ky. 2006).
Perry v. Commonwealth, 839 S.W.2d 268 (Ky. 1992).
Young v. State, 493 A.2d 352 (Md. 1985).
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