Kentucky Revised Statutes

Ky. Rev. Stat. § 508.070 (2026)

Wanton endangerment in the second degree

✓ current as of May 2026
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(1) A person is guilty of wanton endangerment in the second degree when he wantonly engages in conduct which creates a substantial danger of physical injury to another person. (2) Wanton endangerment in the second degree is a Class A misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 71, effective January 1, 1975.

Notes of Decisions
Cited in 27 cases (7 in the last 5 years), 1979–2026 · leading case: Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003).
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). · cites it 6× “060 and KRS 508.070 is relevant to our interpretation of KRS 520.”
Brown v. Commonwealth, 297 S.W.3d 557 (Ky. 2009). · cites it 2× “with KRS 508.070. Therefore, as with first-degree wanton endangerment, the three elements of operating a motor vehicle, having intent to elude or flee, and disobeying a police officer’s direction to stop are required of the fleeing or evading police charge but not of the wanton…”
Commonwealth v. O'Conner, 372 S.W.3d 855 (Ky. 2012). · cites it 2× “Appellee could conceivably be convicted of wanton endangerment in the second degree pursuant to KRS 508.070(1), although I express some doubt as to whether the facts support such a conviction.”
Montgomery v. Commonwealth, 505 S.W.3d 274 (Ky. Ct. App. 2016). “KRS 508.070. The jury was instructed on second-degree wanton endangerment as a lesser included offense to the original charge of first-degree wanton endangerment.”
Readnour v. Gibson, 452 S.W.3d 617 (Ky. Ct. App. 2014). · cites it 2× “050 (menacing); KRS 508.070 (wanton endangerment); KRS 508.”
Jones v. Commonwealth, 279 S.W.3d 522 (Ky. 2009). · cites it 2× “[3] KRS 508.070(2) provides that wanton endangerment in the second degree is a Class A misdemeanor.”
Murrell v. Kentucky Parole Bd., 531 S.W.3d 503 (Ky. Ct. App. 2017). “…not currently incarcerated, ALL CONCUR. . Kentucky Revised Statutes ("KRS”) 515.020. . KRS 508.025. . KRS 520.020. . KRS 508.070.”
Hancock v. Commonwealth, 998 S.W.2d 496 (Ky. Ct. App. 1998). · cites it 2× “On December 17, 1996, Hancock filed a petition to enter a conditional guilty plea to the amended charge of wanton endangerment in the second degree (KRS 508.070), reserving the right to appeal the court’s order denying his motion to dismiss the indictment.”
Commonwealth v. Clemons, 734 S.W.2d 459 (Ky. 1987). “060 and KRS 508.070). For these reasons, the opinion of the Court of Appeals is reversed, and the judgment of the trial court reinstated.”
Minor v. State, 583 A.2d 1102 (Md. Ct. Spec. App. 1991). “250 (1989); Ky.Rev.Stat.Ann. § 508.070 (1990) (wanton endangerment in the second degree); N.”
Med. Prot. Co. v. Gregory Duma, 478 F. App'x 977 (6th Cir. 2012). · cites it 3× “See Ky. Rev. Stat. § 508.070(1); Ky. Rev. Stat.”
Deville v. Commonwealth, 534 S.W.3d 802 (Ky. Ct. App. 2017). “Kentucky Revised Statute (KRS) § 508.070(1) lists the elements required for a conviction of Wanton Endangerment in the Second Degree: A person is guilty of wanton endangerment in the second degree when he wantonly engages in conduct which creates a substantial, danger of…”
— Ky. Rev. Stat. § 508.070(1) — 12 cases
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “060 and KRS 508.070 is relevant to our interpretation of KRS 520.”
Brown v. Commonwealth, 297 S.W.3d 557 (Ky. 2009). “with KRS 508.070. Therefore, as with first-degree wanton endangerment, the three elements of operating a motor vehicle, having intent to elude or flee, and disobeying a police officer’s direction to stop are required of the fleeing or evading police charge but not of the wanton…”
Commonwealth v. O'Conner, 372 S.W.3d 855 (Ky. 2012). “Appellee could conceivably be convicted of wanton endangerment in the second degree pursuant to KRS 508.070(1), although I express some doubt as to whether the facts support such a conviction.”
Med. Prot. Co. v. Gregory Duma, 478 F. App'x 977 (6th Cir. 2012). “See Ky. Rev. Stat. § 508.070(1); Ky. Rev. Stat.”
Hancock v. Commonwealth, 998 S.W.2d 496 (Ky. Ct. App. 1998). “On December 17, 1996, Hancock filed a petition to enter a conditional guilty plea to the amended charge of wanton endangerment in the second degree (KRS 508.070), reserving the right to appeal the court’s order denying his motion to dismiss the indictment.”
— Ky. Rev. Stat. § 508.070(2) — 3 cases
Commonwealth v. O'Conner, 372 S.W.3d 855 (Ky. 2012). “Appellee could conceivably be convicted of wanton endangerment in the second degree pursuant to KRS 508.070(1), although I express some doubt as to whether the facts support such a conviction.”
Jones v. Commonwealth, 279 S.W.3d 522 (Ky. 2009). “[3] KRS 508.070(2) provides that wanton endangerment in the second degree is a Class A misdemeanor.”
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