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

Ky. Rev. Stat. § 508.110 (2026)

Criminal abuse in the second degree

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(1) A person is guilty of criminal abuse in the second degree when he wantonly abuses another person or permits another person of whom he has actual custody to be abused and thereby:

(a) Causes serious physical injury; or

(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 second degree is a Class D felony. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 168, sec. 2, effective July 15, 1982.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1985–2025 · leading case: Commonwealth v. Welch, 864 S.W.2d 280 (Ky. 1993).
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Commonwealth v. Welch, 864 S.W.2d 280 (Ky. 1993). · cites it 12× “On January 11, 1990, the Boyd County Grand Jury returned an indictment charging Welch with criminal abuse in the second degree (KRS 508.110), possession of a Schedule II narcotic (KRS 218A.”
Thomas v. Commonwealth, 153 S.W.3d 772 (Ky. 2004). · cites it 4× “KRS 508.110. Appellant was sentenced to three years in prison enhanced to seventeen years upon the jury's additional verdict that he was a persistent felony offender (PFO) in the first degree.”
Cutrer v. Commonwealth, 697 S.W.2d 156 (Ky. Ct. App. 1985). · cites it 4× “Debbie Cooper was convicted of second-degree criminal abuse under KRS 508.110 and sentenced to one year in the penitentiary; John Cutrer was convicted of third-degree criminal abuse under KRS 508.”
Canler v. Commonwealth, 870 S.W.2d 219 (Ky. 1994). · cites it 2× “" The Court of Appeals correctly concluded that the plain language of KRS 508.110 and KRS 508.120 was sufficiently clear to apprise ordinary sensible persons of the types of acts they sanction.”
Shouse v. Commonwealth, 481 S.W.3d 480 (Ky. 2015). · cites it 2× “See KRS 508.110(l)(a). If that had been the .”
Lane v. Commonwealth, 956 S.W.2d 874 (Ky. 1997). “KRS 508.110 provides that one is guilty of second-degree criminal abuse if he engages in the same conduct wantonly, and KRS 508.”
Clift v. Commonwealth, 105 S.W.3d 467 (Ky. Ct. App. 2003). “After this concern was addressed by the trial court, the witness continued to testify without any further objection. Accordingly, the alleged error was not preserved for appellate review.”
Commonwealth v. Mitchell, 516 S.W.3d 803 (Ky. 2017). “Mitchell was found guilty of second-degree criminal abuse under KRS 508.110, which provides in pertinent part that "[a] person is guilty of criminal abuse in the second degree when he wantonly abuses another person or permits another person of whom he has actual custody to be…”
Cochran v. Commonwealth, 315 S.W.3d 325 (Ky. 2010). · cites it 2× “[3] KRS 508.110, which provides, in relevant part: (1) A person is guilty of criminal abuse in the second degree when he wantonly abuses another person or permits another person of whom he has actual custody to be abused and thereby: (a) Causes serious physical injury; or (b)…”
Justin C. Green v. Commonwealth of Kentucky, No. 2020 CA 000202 (Ky. Ct. App. Mar. 25, 2021). “4 KRS 508.110. -2- (c) That [B.G.] was at the time twelve (12) years of age or less.”
Nathaniel Wade Tucker v. Commonwealth of Kentucky, No. 2016-SC-0649 (Ky. Aug. 16, 2018). “KRS 508.110(1). In response to the motion for directed verdict, the Commonwealth stated that it was proceeding under part (c) of the statute, and specifically that Tucker whipping DO with his belt constituted cruel punishment.”
Desmond L. Smith v. Commonwealth of Kentucky, No. 2024-CA-0669 (Ky. Ct. App. Nov. 21, 2025). “100(1); KRS 508.110(1); and KRS 508.120(1). -12- the actions of an accused and the surrounding circumstances.”
Ky. Rev. Stat. § 508.110(1): 2 cases
Nathaniel Wade Tucker v. Commonwealth of Kentucky, No. 2016-SC-0649 (Ky. Aug. 16, 2018). “KRS 508.110(1). In response to the motion for directed verdict, the Commonwealth stated that it was proceeding under part (c) of the statute, and specifically that Tucker whipping DO with his belt constituted cruel punishment.”
Desmond L. Smith v. Commonwealth of Kentucky, No. 2024-CA-0669 (Ky. Ct. App. Nov. 21, 2025). “100(1); KRS 508.110(1); and KRS 508.120(1). -12- the actions of an accused and the surrounding circumstances.”
Ky. Rev. Stat. § 508.110(l)(a): 1 case
Shouse v. Commonwealth, 481 S.W.3d 480 (Ky. 2015). “See KRS 508.110(l)(a). If that had been the .”
Ky. Rev. Stat. § 508.110(l)(c): 1 case
Shouse v. Commonwealth, 481 S.W.3d 480 (Ky. 2015). “See KRS 508.110(l)(a). If that had been the .”
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