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

Ky. Rev. Stat. § 508.120 (2026)

Criminal abuse in the third degree

✓ current as of May 2026
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(1) A person is guilty of criminal abuse in the third degree when he recklessly 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 third degree is a Class A misdemeanor. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 168, sec. 3, effective July 15, 1982.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1985–2025 · leading case: United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003).
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United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003). · cites it 2× “” Ky. Rev. Stat. Ann. § 508.120 (1)(a)-(b) (1998).”
Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky. 2006). “050(1), as alternative or lesser-ineluded offenses of intentional murder; and criminal abuse in the third-degree, KRS 508.120(l)(c), as a lesser-ineluded offense of criminal abuse 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.”
Peacher v. Commonwealth, 391 S.W.3d 821 (Ky. 2013). “See KRS 508.120(l)(c). In accord with KRS 508.”
Canler v. Commonwealth, 870 S.W.2d 219 (Ky. 1994). · cites it 2× “110 and KRS 508.120 was sufficiently clear to apprise ordinary sensible persons of the types of acts they sanction.”
Lane v. Commonwealth, 956 S.W.2d 874 (Ky. 1997). “110 provides that one is guilty of second-degree criminal abuse if he engages in the same conduct wantonly, and KRS 508.120 provides that one is guilty of the offense of criminal abuse in the third degree if one engages in this type of conduct recklessly.”
Clift v. Commonwealth, 105 S.W.3d 467 (Ky. Ct. App. 2003). “4 KRS 508.120 sets forth the following elements for criminal abuse in the third degree: (1) A person is guilty of criminal abuse in the third degree when he recklessly abuses another person or permits another person of whom he has actual custody to be abused and thereby: (a)…”
Commonwealth v. Chandler, 722 S.W.2d 899 (Ky. 1987). “The Court of Appeals determined that Chandler was entitled to an instruction not only on third-degree criminal abuse, KRS 508.120, but on first and second-degree criminal abuse as well.”
Carver v. Commonwealth, 328 S.W.3d 206 (Ky. Ct. App. 2010). · cites it 2× “KRS 508.120(1) defines third-degree criminal abuse as follows: A person is guilty of criminal abuse in the third degree when he recklessly abuses another person or permits another person of whom he has actual custody to be abused and thereby: (a) Causes serious physical injury;…”
Justin C. Green v. Commonwealth of Kentucky (Ky. Ct. App. 2021). · cites it 2× “In the words of his brief, he contends: 5 In relevant part, KRS 508.120 provides: (1) A person is guilty of criminal abuse in the third degree when he recklessly abuses another person or permits another person of whom he has actual custody to be abused and thereby: (a) Causes…”
Nina Morgan v. Commonwealth of Kentucky (Ky. 2024). “Under KRS 508.120(1) a person is guilty of criminal abuse in the third degree when she: [R]ecklessly abuses another person or permits another person of whom [she] has actual custody to be abused and thereby: (a) Causes serious physical injury; or (b) Places him in a situation…”
Desmond L. Smith v. Commonwealth of Kentucky (Ky. Ct. App. 2025). “110(1); and KRS 508.120(1). -12- the actions of an accused and the surrounding circumstances.”
— Ky. Rev. Stat. § 508.120(1) — 3 cases
Carver v. Commonwealth, 328 S.W.3d 206 (Ky. Ct. App. 2010). “KRS 508.120(1) defines third-degree criminal abuse as follows: A person is guilty of criminal abuse in the third degree when he recklessly abuses another person or permits another person of whom he has actual custody to be abused and thereby: (a) Causes serious physical injury;…”
Nina Morgan v. Commonwealth of Kentucky (Ky. 2024). “Under KRS 508.120(1) a person is guilty of criminal abuse in the third degree when she: [R]ecklessly abuses another person or permits another person of whom [she] has actual custody to be abused and thereby: (a) Causes serious physical injury; or (b) Places him in a situation…”
Desmond L. Smith v. Commonwealth of Kentucky (Ky. Ct. App. 2025). “110(1); and KRS 508.120(1). -12- the actions of an accused and the surrounding circumstances.”
— Ky. Rev. Stat. § 508.120(c) — 1 case
Justin C. Green v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “In the words of his brief, he contends: 5 In relevant part, KRS 508.120 provides: (1) A person is guilty of criminal abuse in the third degree when he recklessly abuses another person or permits another person of whom he has actual custody to be abused and thereby: (a) Causes…”
— Ky. Rev. Stat. § 508.120(l)(a) — 1 case
United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003). “” Ky. Rev. Stat. Ann. § 508.120 (1)(a)-(b) (1998).”
— Ky. Rev. Stat. § 508.120(l)(c) — 2 cases
Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky. 2006). “050(1), as alternative or lesser-ineluded offenses of intentional murder; and criminal abuse in the third-degree, KRS 508.120(l)(c), as a lesser-ineluded offense of criminal abuse in the first-degree.”
Peacher v. Commonwealth, 391 S.W.3d 821 (Ky. 2013). “See KRS 508.120(l)(c). In accord with KRS 508.”
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