(1) A person is guilty of criminal facilitation when, acting with knowledge that another
person is committing or intends to commit a crime, he engages in conduct which
knowingly provides such person with means or opportunity for the commission of
the crime and which in fact aids such person to commit the crime.
(2) Criminal facilitation is a:
(a) Class D felony when the crime facilitated is a Class A or Class B felony or
capital offense;
(b) Class A misdemeanor when the crime facilitated is a Class C or Class D
felony;
(c) Class B misdemeanor when the crime facilitated is a misdemeanor.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 56, effective January 1, 1975.
Notes of Decisions
Houston v. Commonwealth, 975 S.W.2d 925 (Ky. 1998).
· cites it 6× “I dissent from that part of the majority opinion which concerns appellant's claim of error which arising from the trial court's failure to instruct the jury on the lesser included offense of criminal facilitation.”
Parks v. Commonwealth, 192 S.W.3d 318 (Ky. 2006).
· cites it 4× “That, of course, is simply not so. Complicity liability under KRS 502.”
Osborne v. Commonwealth, 43 S.W.3d 234 (Ky. 2001).
· cites it 4× “KRS 506.080(1) provides: A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with means or opportunity for the commission of the crime…”
Thompkins v. Commonwealth, 54 S.W.3d 147 (Ky. 2001).
· cites it 4× “) KRS 506.080(1) (facilitation) provides: A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with means or opportunity for the…”
Luttrell v. Commonwealth, 554 S.W.2d 75 (Ky. 1977).
· cites it 4× “KRS 506.080. KRS 505.020(2) provides: "A defendant may be convicted of an offense that is included in any offense with which he is formally charged.”
Young v. Commonwealth, 50 S.W.3d 148 (Ky. 2001).
· cites it 2× “KRS 506.080(1) provides: A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with the means or opportunity for the commission of the…”
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003).
· cites it 2× “KRS 506.080 provides: A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with the means or opportunity for the commission of the crime…”
Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006).
· cites it 2× “The prosecutor's description of the law would only be appropriate if Appellant had been prosecuted for complicity to manufacturing methamphetamine as allowed by KRS 502.”
Iris Jennings v. Commonwealth of Kentucky, 490 S.W.3d 339 (Ky. 2016).
· cites it 2× “050(4) is simply a codification of the well-established common law doctrine known as “Wharton’s Rule” which has been incorporated into the modern penal codes of many states, 4 including Kentucky, and which the drafters of our penal code extended to the crime of criminal…”
Johnson v. Commonwealth, 134 S.W.3d 563 (Ky. 2004).
· cites it 2× “KRS 506.080. The basis of this argument is that there was evidence that Johnson did not manufacture any methamphetamine, but merely allowed others to use his house and property to manufacture it.”
Neal v. Commonwealth, 95 S.W.3d 843 (Ky. 2003).
· cites it 2× “KRS 506.080; Gabow, supra . Neal did not testify at trial.”
— Ky. Rev. Stat. § 506.080(1) — 26 cases
Osborne v. Commonwealth, 43 S.W.3d 234 (Ky. 2001).
“KRS 506.080(1) provides: A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with means or opportunity for the commission of the crime…”
Houston v. Commonwealth, 975 S.W.2d 925 (Ky. 1998).
“I dissent from that part of the majority opinion which concerns appellant's claim of error which arising from the trial court's failure to instruct the jury on the lesser included offense of criminal facilitation.”
Thompkins v. Commonwealth, 54 S.W.3d 147 (Ky. 2001).
“) KRS 506.080(1) (facilitation) provides: A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with means or opportunity for the…”
Young v. Commonwealth, 50 S.W.3d 148 (Ky. 2001).
“KRS 506.080(1) provides: A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with the means or opportunity for the commission of the…”
— Ky. Rev. Stat. § 506.080(2) — 2 cases
Parks v. Commonwealth, 192 S.W.3d 318 (Ky. 2006).
“That, of course, is simply not so. Complicity liability under KRS 502.”
— Ky. Rev. Stat. § 506.080(2)(a) — 1 case
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