(1) A person is guilty of criminal abuse in the first degree when he intentionally abuses
another person or permits another person of whom he has actual custody to be
abused and thereby:
(a) Causes serious physical injury;
(b) Places him in a situation that may cause him serious physical injury; or
(c) Causes torture, cruel confinement or cruel punishment;
to a person twelve (12) years of age or less, or who is physically helpless or
mentally helpless.
(2) Criminal abuse in the first degree is a Class C felony unless the victim is under
twelve (12) years old, in which case it is a Class B felony.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 31, sec. 1, effective July 14, 2022. -- Created
1982 Ky. Acts ch. 168, sec. 1, effective July 15, 1982.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 31, sec. 2,
provides that the Act, which amended this statute, may be cited as Kami’s Law.
Notes of Decisions
Cited in
47
cases (
9 in the last 5 years), 1987–2026 · leading case:
Staples v. Commonwealth, 454 S.W.3d 803 (Ky. 2014).
Staples v. Commonwealth, 454 S.W.3d 803 (Ky. 2014).
· cites it 12× “030) and first-degree criminal abuse (KRS 508.100) and sentencing him as a second-degree persistent felon (KRS 532.”
Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky. 2006).
· cites it 6× “KRS 508.100 “covers situations where a person is in the custody of another and is injured by an abusive act of that person.”
Mason v. Commonwealth, 331 S.W.3d 610 (Ky. 2011).
· cites it 10× “2 The indictment was also amended to track KRS 508.100 more closely by reflecting that the victim, M.”
Davis v. Commonwealth, 967 S.W.2d 574 (Ky. 1998).
· cites it 10× “The criminal abuse offenses described in KRS 508.100, et seq., are not lesser included offenses of homicide.”
Canler v. Commonwealth, 870 S.W.2d 219 (Ky. 1994).
· cites it 14× “(KRS 508.100). The order upheld the constitutionality of the statute.”
Tharp v. Commonwealth, 40 S.W.3d 356 (Ky. 2000).
· cites it 6× “In reversing the mother's conviction, we held that there was no statutory or common law duty in Kentucky requiring the mother "to prevent the commission of the rape," Knox, supra, at 711 ; thus, there was no basis for application of the "legal duty" theory enunciated in KRS…”
Bartley v. Commonwealth, 400 S.W.3d 714 (Ky. 2013).
· cites it 4× “010, and of first-degree criminal abuse, in violation of KRS 508.100. In accord with the jury’s recommendation, the trial court sentenced Bart-ley to consecutive terms of imprisonment of twenty and ten years, respectively.”
Commonwealth v. O'Conner, 372 S.W.3d 855 (Ky. 2012).
· cites it 5× “KRS 508.100 defines the crime of first-degree criminal abuse as follows: (1) A person is guilty of criminal abuse in the first degree when he intentionally abuses another person or permits another person of whom he has actual custody to be abused and thereby: (a) Causes serious…”
Lane v. Commonwealth, 956 S.W.2d 874 (Ky. 1997).
· cites it 5× “KRS 508.100 provides that a person is guilty of criminal abuse in the first degree when he intentionally permits a person of whom he has actual custody to be abused and thereby places him in a situation that may cause him serious physical injury.”
Stoker v. Commonwealth, 828 S.W.2d 619 (Ky. 1992).
· cites it 3× “" KRS 508.100(1)(c). The question whether "hitting [a child] with a wire coat hanger" is sufficient to prove Criminal Abuse I is more difficult, particularly where, as here, the blows inflicted did not result in medical treatment or leave scars or marks to verify that severe…”
Quisenberry v. Commonwealth, 336 S.W.3d 19 (Ky. 2011).
“’s body created the prohibited result under KRS' 508.100 ... and the subsequent act of reapplying the hot cigarette lighter to a different part of L.”
Vanhook v. Somerset Health Facilities, LP, 67 F. Supp. 3d 810 (E.D. Ky. 2014).
· cites it 2× “100 makes it a felony to inflict “criminal abuse” on “a person who is physically helpless or mentally helpless,” which is defined as “a person who lacks substantial capacity to defend himself or solicit protection from law enforcement agencies.”
— Ky. Rev. Stat. § 508.100(1) — 11 cases
Davis v. Commonwealth, 967 S.W.2d 574 (Ky. 1998).
“The criminal abuse offenses described in KRS 508.100, et seq., are not lesser included offenses of homicide.”
Commonwealth v. O'Conner, 372 S.W.3d 855 (Ky. 2012).
“KRS 508.100 defines the crime of first-degree criminal abuse as follows: (1) A person is guilty of criminal abuse in the first degree when he intentionally abuses another person or permits another person of whom he has actual custody to be abused and thereby: (a) Causes serious…”
Staples v. Commonwealth, 454 S.W.3d 803 (Ky. 2014).
“030) and first-degree criminal abuse (KRS 508.100) and sentencing him as a second-degree persistent felon (KRS 532.”
Mason v. Commonwealth, 331 S.W.3d 610 (Ky. 2011).
“2 The indictment was also amended to track KRS 508.100 more closely by reflecting that the victim, M.”
— Ky. Rev. Stat. § 508.100(1)(c) — 3 cases
Canler v. Commonwealth, 870 S.W.2d 219 (Ky. 1994).
“(KRS 508.100). The order upheld the constitutionality of the statute.”
Stoker v. Commonwealth, 828 S.W.2d 619 (Ky. 1992).
“" KRS 508.100(1)(c). The question whether "hitting [a child] with a wire coat hanger" is sufficient to prove Criminal Abuse I is more difficult, particularly where, as here, the blows inflicted did not result in medical treatment or leave scars or marks to verify that severe…”
— Ky. Rev. Stat. § 508.100(2) — 4 cases
Mason v. Commonwealth, 331 S.W.3d 610 (Ky. 2011).
“2 The indictment was also amended to track KRS 508.100 more closely by reflecting that the victim, M.”
— Ky. Rev. Stat. § 508.100(l)(a) — 1 case
— Ky. Rev. Stat. § 508.100(l)(b) — 2 cases
Mason v. Commonwealth, 331 S.W.3d 610 (Ky. 2011).
“2 The indictment was also amended to track KRS 508.100 more closely by reflecting that the victim, M.”
— Ky. Rev. Stat. § 508.100(l)(c) — 2 cases
Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky. 2006).
“KRS 508.100 “covers situations where a person is in the custody of another and is injured by an abusive act of that person.”
Stoker v. Commonwealth, 828 S.W.2d 619 (Ky. 1992).
“" KRS 508.100(1)(c). The question whether "hitting [a child] with a wire coat hanger" is sufficient to prove Criminal Abuse I is more difficult, particularly where, as here, the blows inflicted did not result in medical treatment or leave scars or marks to verify that severe…”
— Ky. Rev. Stat. § 508.100(l)(e) — 2 cases
Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky. 2006).
“KRS 508.100 “covers situations where a person is in the custody of another and is injured by an abusive act of that person.”
Canler v. Commonwealth, 870 S.W.2d 219 (Ky. 1994).
“(KRS 508.100). The order upheld the constitutionality of the statute.”
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