Ky. Rev. Stat. » Chapter 508
Kentucky Revised Statutes

Ky. Rev. Stat. § 508.040 (2026)

Assault under extreme emotional disturbance

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) In any prosecution under KRS 508.010, 508.020 or 508.030 in which intentionally causing physical injury or serious physical injury is an element of the offense, the defendant may establish in mitigation that he acted under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507.020.

(2) An assault committed under the influence of extreme emotional disturbance is:

(a) A Class D felony when it would constitute an assault in the first degree or an assault in the second degree if not committed under the influence of an extreme emotional disturbance; or

(b) A Class B misdemeanor when it would constitute an assault in the fourth degree if not committed under the influence of an extreme emotional disturbance. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 111, sec. 198, effective July 13, 1984. -- Created 1974 Ky. Acts ch. 406, sec. 68, effective January 1, 1975.

Notes of Decisions
Cited in 29 cases (5 in the last 5 years), 1977–2025 · leading case: United States v. Le' Ardrus Burris, 912 F.3d 386 (6th Cir. 2019).
Sort: Relevance Newest Treatment
United States v. Le' Ardrus Burris, 912 F.3d 386 (6th Cir. 2019). · cites it 2× “See Ky. Rev. Stat. Ann. § 508.040 ; United States v.”
Thomas v. Commonwealth, 170 S.W.3d 343 (Ky. 2005). · cites it 4× “§ 110(2)(b), asserting eight claims of reversible error, viz: (1) failure to instruct the jury on assault under extreme emotional disturbance, KRS 508.040, a Class D felony, as a lesser included offense of both charges; (2) admission of prior consistent statements of both…”
Commonwealth of Kentucky v. Douglas Rank, 494 S.W.3d 476 (Ky. 2016). · cites it 2× “” KRS 508.040(1) extends the same mitigating effect of EED to assault charges.”
Driver v. Commonwealth, 361 S.W.3d 877 (Ky. 2012). · cites it 2× “" KRS 508.040(2)(a) states that "[a]n assault committed under the influence of extreme emotional disturbance is.”
McClellan v. Commonwealth, 715 S.W.2d 464 (Ky. 1986). · cites it 2× “The nature of extreme emotional disturbance is illuminated by KRS 508.040, which states in pertinent part: "(1) In any prosecution [for assault] in which intentionally causing physical injury or serious physical injury is an element of the offense, the defendant may establish in…”
Schrimsher v. Commonwealth, 190 S.W.3d 318 (Ky. 2006). · cites it 2× “That statute specifically limits its application to prosecutions “in which intentionally causing physical injury or serious physical injury is an element of the offense,” and the Commonwealth argues that Appellant was indicted for and convicted of only wanton assaults.”
Keeling v. Commonwealth, 381 S.W.3d 248 (Ky. 2012). · cites it 2× “Although Appellant relies on KRS 508.040 to argue that he was entitled to the EED instruction, that statute applies only to prosecutions under KRS 508.”
Commonwealth v. Elmore, 831 S.W.2d 183 (Ky. 1992). · cites it 9× “The Appellee/Defendant, Ronald Eugene Elmore, had originally appealed a conviction from the Jefferson Circuit Court alleging that the trial court improperly gave an instruction under KRS 508.040 (assault under extreme emotional disturbance) which mitigates a conviction for…”
Owens v. Commonwealth, 512 S.W.3d 1 (Ky. Ct. App. 2017). “See KRS 508.040(1). Owens was ultimately charged with, and convicted of, wanton assault.”
United States v. Dallas Maynard, 894 F.3d 773 (6th Cir. 2018). · cites it 2× “Ky. Rev. Stat. § 508.040. Maynard argues that a defendant need not have used force to be convicted of this crime.”
Commonwealth v. Philpott, 75 S.W.3d 209 (Ky. 2002). · cites it 2× “030 and KRS 508.040, and sentenced to the maximum penalty for that offense, ninety days in jail and a $250.”
Readnour v. Gibson, 452 S.W.3d 617 (Ky. Ct. App. 2014). · cites it 2× “030 (assault); KRS 508.040 (assault under extreme emotional disturbance); KRS 508.”
Show all 29 citing cases →
— Ky. Rev. Stat. § 508.040(1) — 7 cases
Owens v. Commonwealth, 512 S.W.3d 1 (Ky. Ct. App. 2017). “See KRS 508.040(1). Owens was ultimately charged with, and convicted of, wanton assault.”
Commonwealth of Kentucky v. Douglas Rank, 494 S.W.3d 476 (Ky. 2016). “” KRS 508.040(1) extends the same mitigating effect of EED to assault charges.”
Commonwealth v. Elmore, 831 S.W.2d 183 (Ky. 1992). “The Appellee/Defendant, Ronald Eugene Elmore, had originally appealed a conviction from the Jefferson Circuit Court alleging that the trial court improperly gave an instruction under KRS 508.040 (assault under extreme emotional disturbance) which mitigates a conviction for…”
Elvis Anderson v. Commonwealth of Kentucky (Ky. 2025).
Jamie Simpson v. Commonwealth of Kentucky (Ky. 2025).
— Ky. Rev. Stat. § 508.040(2)(a) — 4 cases
Driver v. Commonwealth, 361 S.W.3d 877 (Ky. 2012). “" KRS 508.040(2)(a) states that "[a]n assault committed under the influence of extreme emotional disturbance is.”
Commonwealth of Kentucky v. Douglas Rank, 494 S.W.3d 476 (Ky. 2016). “” KRS 508.040(1) extends the same mitigating effect of EED to assault charges.”
Commonwealth v. Southwood, 623 S.W.2d 897 (Ky. 1981).
Jeffrey Jones v. Commonwealth of Kentucky (Ky. 2020).
— Ky. Rev. Stat. § 508.040(2)(b) — 1 case
Commonwealth v. Philpott, 75 S.W.3d 209 (Ky. 2002). “030 and KRS 508.040, and sentenced to the maximum penalty for that offense, ninety days in jail and a $250.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.