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

Ky. Rev. Stat. § 506.110 (2026)

Multiple convictions

✓ current as of May 2026
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(1) A person may not be convicted on the basis of the same course of conduct of both the actual commission of a crime and: (a) A criminal attempt to commit that crime; or (b) A criminal solicitation of that crime; or (c) A criminal facilitation of that crime; or (d) A conspiracy to commit that crime, except as provided in subsection (2) of this section. (2) A person may be convicted on the basis of the same course of conduct of both the actual commission of a crime and a conspiracy to commit that crime when the conspiracy from which the consummated crime resulted had as an objective of the conspiratorial relationship the commission of more than one (1) crime. (3) A person may not be convicted of more than one (1) of the offenses defined in KRS 506.010, 506.030, 506.040 and 506.080 for a single course of conduct designed to consummate in the commission of the same crime. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 59, effective January 1, 1975.

Notes of Decisions
Cited in 11 cases, 1985–2016 · leading case: Wilson v. Commonwealth, 836 S.W.2d 872 (Ky. 1992).
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Wilson v. Commonwealth, 836 S.W.2d 872 (Ky. 1992). · cites it 6× “The underlying theory of this rule propounds that the conspiracy, being an act of preparation, merges into the completed offense.”
Travis v. Commonwealth, 327 S.W.3d 456 (Ky. 2010). · cites it 2× “" KRS 506.110(l)(a). The substantive offense is simply a successfully completed attempt.”
Wyatt v. Commonwealth, 219 S.W.3d 751 (Ky. 2007). · cites it 3× “KRS 506.110 prohibits convictions, based on the same course of conduct, for both the underlying crime and certain inchoate offenses involving the commission of the same crime.”
Iris Jennings v. Commonwealth of Kentucky, 490 S.W.3d 339 (Ky. 2016). “As a matter of law, Appellee’s participation was not “inevitably incident” to the crime of assault.”
Campbell v. Commonwealth, 732 S.W.2d 878 (Ky. 1987). · cites it 3× “Further, KRS 506.110 provides that a person could not be convicted on the basis of the same course of conduct of both the commission of a crime and a criminal attempt to commit that crime.”
Wilson v. Commonwealth, 695 S.W.2d 854 (Ky. 1985). “Based upon the above discussion, we also reject appellants’ argument, raised for the first time during oral argument, that the two convictions violate the prohibition in KRS 506.110(1) against conviction for both conspiracy to commit a crime and the actual commission of that…”
Moser v. Commonwealth, 799 S.W.2d 21 (Ky. 1990). · cites it 2× “KRS 506.110, multiple convictions, provides that the prosecution of an attempt to commit an offense bars prosecution for the offense.”
State v. Hancock, 530 N.E.2d 106 (Ind. Ct. App. 1988). “1989); Ky.Rev.Stat. § 506.110 (1985); Mich.2d Rev.”
Iris Jennings v. Commonwealth of Kentucky (Ky. 2016). “Because the application of KRS 506.110(1) addresses itself exclusively to the nature of the crime and is independent of any factual particulars of the specific case, we cannot conceive that it would ever be an appropriate issue for a jury's consideration such that it would be…”
Commonwealth of Kentucky v. Iris Jennings (Ky. 2016). “Because the application of KRS 506.110(1) addresses itself exclusively to the nature of the crime and is independent of any factual particulars of the specific case, we cannot conceive that it would ever be an appropriate issue for a jury's consideration such that it would be…”
Commonwealth v. Speakes, 740 S.W.2d 941 (Ky. 1987). “It should also be noted that there is no inherent inconsistency in this case because the defendant was not convicted of the misdemeanor.”
— Ky. Rev. Stat. § 506.110(1) — 4 cases
Iris Jennings v. Commonwealth of Kentucky, 490 S.W.3d 339 (Ky. 2016). “As a matter of law, Appellee’s participation was not “inevitably incident” to the crime of assault.”
Wilson v. Commonwealth, 695 S.W.2d 854 (Ky. 1985). “Based upon the above discussion, we also reject appellants’ argument, raised for the first time during oral argument, that the two convictions violate the prohibition in KRS 506.110(1) against conviction for both conspiracy to commit a crime and the actual commission of that…”
Iris Jennings v. Commonwealth of Kentucky (Ky. 2016). “Because the application of KRS 506.110(1) addresses itself exclusively to the nature of the crime and is independent of any factual particulars of the specific case, we cannot conceive that it would ever be an appropriate issue for a jury's consideration such that it would be…”
Commonwealth of Kentucky v. Iris Jennings (Ky. 2016). “Because the application of KRS 506.110(1) addresses itself exclusively to the nature of the crime and is independent of any factual particulars of the specific case, we cannot conceive that it would ever be an appropriate issue for a jury's consideration such that it would be…”
— Ky. Rev. Stat. § 506.110(2) — 3 cases
Wilson v. Commonwealth, 836 S.W.2d 872 (Ky. 1992). “The underlying theory of this rule propounds that the conspiracy, being an act of preparation, merges into the completed offense.”
Wyatt v. Commonwealth, 219 S.W.3d 751 (Ky. 2007). “KRS 506.110 prohibits convictions, based on the same course of conduct, for both the underlying crime and certain inchoate offenses involving the commission of the same crime.”
Commonwealth v. Speakes, 740 S.W.2d 941 (Ky. 1987). “It should also be noted that there is no inherent inconsistency in this case because the defendant was not convicted of the misdemeanor.”
— Ky. Rev. Stat. § 506.110(3) — 1 case
Wyatt v. Commonwealth, 219 S.W.3d 751 (Ky. 2007). “KRS 506.110 prohibits convictions, based on the same course of conduct, for both the underlying crime and certain inchoate offenses involving the commission of the same crime.”
— Ky. Rev. Stat. § 506.110(l)(a) — 1 case
Travis v. Commonwealth, 327 S.W.3d 456 (Ky. 2010). “" KRS 506.110(l)(a). The substantive offense is simply a successfully completed attempt.”
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