Ky. Rev. Stat. » Chapter 512
Kentucky Revised Statutes

Ky. Rev. Stat. § 512.040 (2026)

Repealed, 2024

✓ current as of May 2026
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Catchline at repeal: Criminal mischief in the third degree. History: Repealed 2024 Ky. Acts ch. 174, sec. 54, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 151, sec. 11, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 164, sec. 4, effective June 29, 2021. -- Amended 1976 Ky. Acts ch. 183, sec. 4, effective June 19, 1976. -- Created 1974 Ky. Acts ch. 406, sec. 108, effective January 1, 1975.

Notes of Decisions
Cited in 14 cases (7 in the last 5 years), 1980–2026 · leading case: Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003).
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Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). · cites it 2× “[3] KRS 512.040. [4] KRS 520.095(1)(b)(2). [5] KRS 520.”
Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008). · cites it 2× “[11] Although the precise issue is not before us, Terry's double jeopardy argument might have been valid if he had been charged with third-degree criminal mischief (KRS 512.040) since that offense does not require the Commonwealth to prove that a defendant committed a threshold…”
Whalen v. Commonwealth, 891 S.W.2d 86 (Ky. Ct. App. 1995). “060; Criminal Mischief in the Third Degree, KRS 512.040; and Alcohol Intoxication, KRS 222.”
Chatman v. Commonwealth, 565 S.W.3d 161 (Ky. Ct. App. 2018). “17, 2014) (hereinafter, Chatman I ). Kentucky Revised Statute (KRS) 515.”
Manning v. Willett, 221 S.W.3d 394 (Ky. Ct. App. 2007). “080) and criminal mischief third-degree (KRS 512.040). Kimberly again sought and obtained an EPO.”
Sean Martin v. Commonwealth of Kentucky (Ky. Ct. App. 2022). · cites it 3× “030, and KRS 512.040, respectively. These offenses are essentially identical except for the amount of monetary damage to the property causing pecuniary loss.”
Kentucky Bar Ass'n. v. Clay, 601 S.W.2d 287 (Ky. 1980). “Subsequent conduct of the respondent resulted in his being charged by his former wife with criminal mischief (KRS 512.040), a Class B misdemeanor, assault in the third degree (KRS 508.”
Emerson Kilburn v. Commonwealth of Kentucky (Ky. Ct. App. 2025). · cites it 2× “) 4 KRS 512.040, at that time a Class B misdemeanor.”
Steven Logan v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “3 KRS 512.040. terroristic threatening in the third degree.”
Deborah Ostafi v. Gary Gabbard (Ky. Ct. App. 2021). “KRS 512.040(2). The complaint filed in district court also alleged violation of local zoning ordinances.”
Kevin Madison v. Commonwealth of Kentucky (Ky. 2024). “10 KRS 512.040(1)(a) (“A person is guilty of criminal mischief in the third degree when: .”
Robert T. Shadwick v. Commonwealth of Kentucky (Ky. Ct. App. 2024). “8 KRS 512.040, a Class B misdemeanor. 9 KRS 527.”
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Ky. Rev. Stat. § 512.040(1)(a): 2 cases
Sean Martin v. Commonwealth of Kentucky (Ky. Ct. App. 2022). “030, and KRS 512.040, respectively. These offenses are essentially identical except for the amount of monetary damage to the property causing pecuniary loss.”
Kevin Madison v. Commonwealth of Kentucky (Ky. 2024). “10 KRS 512.040(1)(a) (“A person is guilty of criminal mischief in the third degree when: .”
Ky. Rev. Stat. § 512.040(2): 1 case
Deborah Ostafi v. Gary Gabbard (Ky. Ct. App. 2021). “KRS 512.040(2). The complaint filed in district court also alleged violation of local zoning ordinances.”
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