(1) A person is guilty of manslaughter in the second degree when he or she wantonly
causes the death of another person, including but not limited to situations where the
death results from the person's:
(a) Operation of a motor vehicle;
(b) Leaving a child under the age of eight (8) years in a motor vehicle under
circumstances which manifest an extreme indifference to human life and
which create a grave risk of death to the child, thereby causing the death of
the child;
(c) Unlawful distribution for remuneration of a Schedule I or II controlled
substance when the controlled substance is the proximate cause of death; or
(d) Knowing distribution of fentanyl or a fentanyl derivative to another person
without remuneration, and the injection, ingestion, inhalation, or other
introduction of the fentanyl or fentanyl derivative causes the death of the
person.
(2) Manslaughter in the second degree is a Class C felony.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 174, sec. 6, effective July 15, 2024. -- Amended
2019 Ky. Acts ch. 130, sec. 3, effective June 27, 2019. -- Amended 2000 Ky. Acts
ch. 521, sec. 18, effective July 14, 2000. -- Amended 1984 Ky. Acts ch. 165, sec. 27,
effective July 13, 1984. -- Created 1974 Ky. Acts ch. 406, sec. 63, effective January
1, 1975.
Notes of Decisions
Cited in
89
cases (
18 in the last 5 years), 1976–2026 · leading case:
Commonwealth v. Morris, 142 S.W.3d 654 (Ky. 2004).
Commonwealth v. Morris, 142 S.W.3d 654 (Ky. 2004).
· cites it 18× “(Emphasis added.) Similarly, the murder statute, KRS 507.”
Jones v. Commonwealth, 830 S.W.2d 877 (Ky. 1992).
· cites it 8× “He reserved the right to appeal the order denying his motion to dismiss the indictment in which he argued that our manslaughter statute, KRS 507.040, does not encompass death caused by prenatal injuries.”
Shouse v. Commonwealth, 481 S.W.3d 480 (Ky. 2015).
· cites it 10× “4(a), at 31 (“What this means, of course, is that proof that is sufficient for a manslaughter conviction under KRS 507.040[ (l)(b) ] is at the same time sufficient for a wanton murder conviction under KRS 507.”
Walden v. Commonwealth, 805 S.W.2d 102 (Ky. 1991).
· cites it 4× “Wanton murder continues to be distinguished from second-degree manslaughter, *105 KRS 507.040, which also punishes "wantonly caus[ing] the death of another person," by the additional element described in the phrase, "under circumstances manifesting extreme indifference to human…”
Robertson v. Commonwealth, 82 S.W.3d 832 (Ky. 2002).
· cites it 6× “Neither KRS 507.040 (manslaughter in the second degree) nor KRS 507.”
Tharp v. Commonwealth, 40 S.W.3d 356 (Ky. 2000).
· cites it 4× “020(3), supporting a conviction of manslaughter in the second degree by complicity, KRS 507.040; [2] or aggravated wantonness, i.”
Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky. 2006).
· cites it 2× “020(l)(b), second-degree manslaughter, KRS 507.040(1), and reckless homicide, KRS 507.”
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003).
· cites it 2× “KRS 507.040(1); KRS 501.020(3). Formerly, an accomplice to a dangerous felony could be convicted of an intentional murder committed by another participant in the felony on the theory that the intent to commit the dangerous felony provided the element of intent necessary *669 to…”
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008).
· cites it 2× “Code Ann. § 45-5-104 cmt. (offense called "negligent homicide" and requires "gross deviation" from standard of care); N.”
Hudson v. Commonwealth, 385 S.W.3d 411 (Ky. 2012).
· cites it 4× “030), second-degree manslaughter (KRS 507.040), and reckless homicide (KRS 507.”
Saylor v. Commonwealth, 144 S.W.3d 812 (Ky. 2004).
· cites it 3× “020(3); and (2) the defendant acted either with or without an intent to kill but under an actual but mistaken belief that the circumstances then existing required the use of physical force (or deadly physical force) in self-protection, and with an awareness and conscious…”
Commonwealth v. Hager, 41 S.W.3d 828 (Ky. 2001).
· cites it 2× “, an act in self-protection under a mistaken belief in the need therefor, applies to the offenses of second-degree manslaughter, KRS 507.040, and reckless homicide, KRS 507.”
— Ky. Rev. Stat. § 507.040(1) — 19 cases
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003).
“KRS 507.040(1); KRS 501.020(3). Formerly, an accomplice to a dangerous felony could be convicted of an intentional murder committed by another participant in the felony on the theory that the intent to commit the dangerous felony provided the element of intent necessary *669 to…”
Saylor v. Commonwealth, 144 S.W.3d 812 (Ky. 2004).
“020(3); and (2) the defendant acted either with or without an intent to kill but under an actual but mistaken belief that the circumstances then existing required the use of physical force (or deadly physical force) in self-protection, and with an awareness and conscious…”
Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky. 2006).
“020(l)(b), second-degree manslaughter, KRS 507.040(1), and reckless homicide, KRS 507.”
— Ky. Rev. Stat. § 507.040(1)(a) — 2 cases
Commonwealth v. Morris, 142 S.W.3d 654 (Ky. 2004).
“(Emphasis added.) Similarly, the murder statute, KRS 507.”
— Ky. Rev. Stat. § 507.040(1)(b) — 1 case
Shouse v. Commonwealth, 481 S.W.3d 480 (Ky. 2015).
“4(a), at 31 (“What this means, of course, is that proof that is sufficient for a manslaughter conviction under KRS 507.040[ (l)(b) ] is at the same time sufficient for a wanton murder conviction under KRS 507.”
— Ky. Rev. Stat. § 507.040(2) — 7 cases
— Ky. Rev. Stat. § 507.040(l)(a) — 4 cases
Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky. 2006).
“020(l)(b), second-degree manslaughter, KRS 507.040(1), and reckless homicide, KRS 507.”
Commonwealth v. Morris, 142 S.W.3d 654 (Ky. 2004).
“(Emphasis added.) Similarly, the murder statute, KRS 507.”
— Ky. Rev. Stat. § 507.040(l)(b) — 2 cases
Shouse v. Commonwealth, 481 S.W.3d 480 (Ky. 2015).
“4(a), at 31 (“What this means, of course, is that proof that is sufficient for a manslaughter conviction under KRS 507.040[ (l)(b) ] is at the same time sufficient for a wanton murder conviction under KRS 507.”
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