Ky. Rev. Stat. § 507.020
Murder
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(1) A person is guilty of murder when: (a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of manslaughter in the first degree or any other crime; or (b) Including, but not limited to, the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to another person and thereby causes the death of another person. (2) Murder is a capital offense. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 165, sec. 26, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 1, effective December 22, 1976. -- Amended 1976 Ky. Acts ch. 183, sec. 1. -- Created 1974 Ky. Acts ch. 406, sec. 61, effective January 1, 1975.
Notes of Decisions
Cited in 349
cases (65 in the last 5 years), 1976–2026 · leading case: Smith v. Commonwealth
Smith v. Commonwealth (1987)
“Smith's acts of killing Mary Thompson, Betty Maynard and Amanda Church while intending to kill Rebecca Church was intentional murder pursuant to KRS 507.020, 501.020, and 501.060, and is punishable by death.”
Young v. Commonwealth (2001)
“The 1972 version of the new murder statute, KRS 507.020, was enacted before the rendition of Furman and did not change the penalty provision of the former statute, KRS 435.”
Brown v. Commonwealth (2005)
“" KRS 507.020 (emphasis added). KRS 501.020(3) defines "wantonly," as follows: A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that…”
Caudill v. Commonwealth (2003)
“, KRS 507.020 and KRS 513.030. Although arguably incomplete under RCr 6.”
Cook v. Commonwealth (2004)
“KRS 507.020 (1974 Commentary) (quoting Model Penal Code § 201.”
Holland v. Commonwealth (2003)
“(b) With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance as defined in subsection (1)(a) of KRS 507.020.…”
Soto v. Commonwealth (2004)
“he above-named defendant, MIGUEL SOTO, committed the offense of Murder when he entered the home of Armott and Edna Porter, without permission, while armed with a deadly weapon and while engaged in the commission of Burglary in the first degree, with the intent to cause the death…”
Beaumont v. Commonwealth (2009)
“The relevant portions of KRS 507.020, "Murder,” are as follows: (1) A person is guilty of murder when: (a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under…”
United States v. George Harrison (2022)
“” See Ky. Rev. Stat. § 507.020. And a person can’t cause the death of another intentionally or wantonly without using physical force.”
Love v. Commonwealth (2001)
“" KRS 507.020(1)(b). The trial court declined to give the proposed admonition.”
Walden v. Commonwealth (1991)
“The additional element that causes such a criminal homicide to be classified as murder is "circumstances manifesting extreme indifference to human life" (KRS 507.020) explained in the Commentary to the Penal Code as wantonness so extreme it should be assimilated to "intention.”
Trowel v. Commonwealth (1977)
“The indictment was drawn under KRS 507.020(2), which classified murder as a Class A felony except for certain aggravating circumstances in which it classified murder as a capital offense.”
— Ky. Rev. Stat. § 507.020(1) — 14 cases
Soto v. Commonwealth (2004)
“he above-named defendant, MIGUEL SOTO, committed the offense of Murder when he entered the home of Armott and Edna Porter, without permission, while armed with a deadly weapon and while engaged in the commission of Burglary in the first degree, with the intent to cause the death…”
Beaumont v. Commonwealth (2009)
“The relevant portions of KRS 507.020, "Murder,” are as follows: (1) A person is guilty of murder when: (a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under…”
Benjamin v. Commonwealth (2008)
Ratliff v. Commonwealth (2006)
McGinnis v. Commonwealth (1994)
— Ky. Rev. Stat. § 507.020(1)(a) — 51 cases
Smith v. Commonwealth (1987)
“Smith's acts of killing Mary Thompson, Betty Maynard and Amanda Church while intending to kill Rebecca Church was intentional murder pursuant to KRS 507.020, 501.020, and 501.060, and is punishable by death.”
Holland v. Commonwealth (2003)
“(b) With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance as defined in subsection (1)(a) of KRS 507.020.…”
Buchanan v. Kentucky (1987)
Young v. Commonwealth (2001)
“The 1972 version of the new murder statute, KRS 507.020, was enacted before the rendition of Furman and did not change the penalty provision of the former statute, KRS 435.”
Caudill v. Commonwealth (2003)
“, KRS 507.020 and KRS 513.030. Although arguably incomplete under RCr 6.”
— Ky. Rev. Stat. § 507.020(1)(b) — 50 cases
Cook v. Commonwealth (2004)
“KRS 507.020 (1974 Commentary) (quoting Model Penal Code § 201.”
Brown v. Commonwealth (2005)
“" KRS 507.020 (emphasis added). KRS 501.020(3) defines "wantonly," as follows: A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that…”
Love v. Commonwealth (2001)
“" KRS 507.020(1)(b). The trial court declined to give the proposed admonition.”
Walden v. Commonwealth (1991)
“The additional element that causes such a criminal homicide to be classified as murder is "circumstances manifesting extreme indifference to human life" (KRS 507.020) explained in the Commentary to the Penal Code as wantonness so extreme it should be assimilated to "intention.”
Enmund v. Florida (1982)
— Ky. Rev. Stat. § 507.020(2) — 25 cases
Young v. Commonwealth (2001)
“The 1972 version of the new murder statute, KRS 507.020, was enacted before the rendition of Furman and did not change the penalty provision of the former statute, KRS 435.”
Trowel v. Commonwealth (1977)
“The indictment was drawn under KRS 507.020(2), which classified murder as a Class A felony except for certain aggravating circumstances in which it classified murder as a capital offense.”
Hoskins v. Maricle (2004)
Brown v. Commonwealth (2010)
Caudill v. Commonwealth (2003)
“, KRS 507.020 and KRS 513.030. Although arguably incomplete under RCr 6.”
— Ky. Rev. Stat. § 507.020(2)(b) — 2 cases
Meadows v. Commonwealth (1977)
Shannon v. Commonwealth (1978)
— Ky. Rev. Stat. § 507.020(2)(e) — 2 cases
Boyd v. Commonwealth (1977)
Shannon v. Commonwealth (1978)
— Ky. Rev. Stat. § 507.020(b) — 7 cases
Randy Haight v. Scott Jordan (2023)
Holland v. Commonwealth (2015)
Sluss v. Commonwealth (2012)
Shouse v. Commonwealth (2015)
Martin v. Commonwealth (1993)
— Ky. Rev. Stat. § 507.020(l)(a) — 64 cases
Smith v. Commonwealth (1987)
“Smith's acts of killing Mary Thompson, Betty Maynard and Amanda Church while intending to kill Rebecca Church was intentional murder pursuant to KRS 507.020, 501.020, and 501.060, and is punishable by death.”
Holland v. Commonwealth (2003)
“(b) With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance as defined in subsection (1)(a) of KRS 507.020.…”
Trowel v. Commonwealth (1977)
“The indictment was drawn under KRS 507.020(2), which classified murder as a Class A felony except for certain aggravating circumstances in which it classified murder as a capital offense.”
Beaumont v. Commonwealth (2009)
“The relevant portions of KRS 507.020, "Murder,” are as follows: (1) A person is guilty of murder when: (a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under…”
Matthews v. Simpson (2009)
— Ky. Rev. Stat. § 507.020(l)(a)(1995) — 1 case
Jeffries v. Morgan (2006)
— Ky. Rev. Stat. § 507.020(l)(b) — 53 cases
Cook v. Commonwealth (2004)
“KRS 507.020 (1974 Commentary) (quoting Model Penal Code § 201.”
Brown v. Commonwealth (2005)
“" KRS 507.020 (emphasis added). KRS 501.020(3) defines "wantonly," as follows: A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that…”
Love v. Commonwealth (2001)
“" KRS 507.020(1)(b). The trial court declined to give the proposed admonition.”
Beaumont v. Commonwealth (2009)
“The relevant portions of KRS 507.020, "Murder,” are as follows: (1) A person is guilty of murder when: (a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under…”
Walden v. Commonwealth (1991)
“The additional element that causes such a criminal homicide to be classified as murder is "circumstances manifesting extreme indifference to human life" (KRS 507.020) explained in the Commentary to the Penal Code as wantonness so extreme it should be assimilated to "intention.”
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