Ky. Rev. Stat. » Chapter 520
Kentucky Revised Statutes

Ky. Rev. Stat. § 520.070 (2026)

Bail jumping in the first degree

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(1) A person is guilty of bail jumping in the first degree when, having been released from custody by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of having committed a felony, he intentionally fails to appear at that time and place.

(2) In any prosecution for bail jumping, the defendant may prove in exculpation that his failure to appear was unavoidable and due to circumstances beyond his control.

(3) Bail jumping in the first degree is a Class D felony. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 175, effective January 1, 1975.

Notes of Decisions
Cited in 19 cases (10 in the last 5 years), 1981–2026 · leading case: Curley v. Commonwealth, 895 S.W.2d 10 (Ky. Ct. App. 1995).
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Curley v. Commonwealth, 895 S.W.2d 10 (Ky. Ct. App. 1995). · cites it 9× “Finding the plain and unambiguous meaning of KRS 520.070 to prohibit Curley’s conviction for this offense, we reverse and remand for further proceedings.”
Whalen v. Commonwealth, 891 S.W.2d 86 (Ky. Ct. App. 1995). · cites it 2× “030; Bail Jumping in the First Degree, KRS 520.070; Criminal Trespass in the First Degree (two counts), KRS 511.”
Malicoat v. Commonwealth, 637 S.W.2d 640 (Ky. 1982). · cites it 2× “OPINION OF THE COURT Appellant questions his conviction for first-degree bail jumping, KRS 520.070, and for being a first-degree persistent felony offender, KRS 532.”
Beasley v. Commonwealth, 618 S.W.2d 179 (Ky. Ct. App. 1981). · cites it 2× “The appellant argues that he was denied the right to present a defense because the trial court refused to give his tendered instructions on the justification of “choice of evils” and on the defense found in KRS 520.070(2). Appellant was indicted in the Lyon Circuit Court for…”
Zane R. Foote v. Commonwealth of Kentucky, No. 2024-CA-0861 (Ky. Ct. App. July 25, 2025). · cites it 12× “He argued that under KRS 520.070, the indictment must contain the pending charge for which the defendant did not appear and that a bill of particulars “will not clear this up, because Mr.”
Brandon Blair v. Commonwealth of Kentucky, 718 S.W.3d 687 (Ky. 2025). · cites it 9× “Notably, the General Assembly created two separate bail jumping statutes–one for felonies, KRS 520.070, and one for misdemeanors, KRS 520.”
Brandon Joseph Blair v. Commonwealth of Kentucky, No. 2021 CA 000490 (Ky. Ct. App. June 1, 2023). · cites it 5× “]” KRS 520.070 (1974 cmt.). The Commonwealth, meanwhile, argues the unit of prosecution is each underlying charge for which a defendant fails to appear.”
Elvis Wynn v. Commonwealth of Kentucky, 713 S.W.3d 122 (Ky. 2025). · cites it 4× “Pursuant to KRS 520.070(1), “A person is guilty of bail jumping in the first degree when, having been released from custody by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of having…”
Darrell D. Brown v. Commonwealth of Kentucky, No. 2022 CA 000423 (Ky. Ct. App. Mar. 2, 2023). · cites it 2× “2 KRS 520.070 and KRS 532.080(3). -4- Thereafter, Appellant filed a motion in Hardin Circuit Court seeking to vacate or set aside his judgment pursuant to RCr 11.”
Jerry Horn v. Commonwealth of Kentucky, No. 2023-CA-0609 (Ky. Ct. App. Mar. 7, 2025). · cites it 2× “2 See KRS 520.070. 3 As of May 16, 2023, Horn had already spent approximately one year in custody.”
Cynthia White v. Commonwealth of Kentucky, No. 2025-CA-0068 (Ky. Ct. App. Apr. 10, 2026). · cites it 2× “First-Degree Bail Jumping is proscribed by KRS 520.070. This crime has four elements.”
Jeremy Deray Lawton v. Commonwealth of Kentucky, No. 2019 CA 001282 (Ky. Ct. App. Aug. 27, 2020). “6 KRS 520.070. -7- its judgment for the wrong reason, we may affirm a correct result upon any ground supported by the record.”
Show all 19 citing cases →
Ky. Rev. Stat. § 520.070(1): 9 cases
Curley v. Commonwealth, 895 S.W.2d 10 (Ky. Ct. App. 1995). “Finding the plain and unambiguous meaning of KRS 520.070 to prohibit Curley’s conviction for this offense, we reverse and remand for further proceedings.”
Zane R. Foote v. Commonwealth of Kentucky, No. 2024-CA-0861 (Ky. Ct. App. July 25, 2025). “He argued that under KRS 520.070, the indictment must contain the pending charge for which the defendant did not appear and that a bill of particulars “will not clear this up, because Mr.”
Brandon Joseph Blair v. Commonwealth of Kentucky, No. 2021 CA 000490 (Ky. Ct. App. June 1, 2023). “]” KRS 520.070 (1974 cmt.). The Commonwealth, meanwhile, argues the unit of prosecution is each underlying charge for which a defendant fails to appear.”
Elvis Wynn v. Commonwealth of Kentucky, 713 S.W.3d 122 (Ky. 2025). “Pursuant to KRS 520.070(1), “A person is guilty of bail jumping in the first degree when, having been released from custody by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of having…”
Brandon Blair v. Commonwealth of Kentucky, 718 S.W.3d 687 (Ky. 2025). “Notably, the General Assembly created two separate bail jumping statutes–one for felonies, KRS 520.070, and one for misdemeanors, KRS 520.”
Ky. Rev. Stat. § 520.070(2): 3 cases
Beasley v. Commonwealth, 618 S.W.2d 179 (Ky. Ct. App. 1981). “The appellant argues that he was denied the right to present a defense because the trial court refused to give his tendered instructions on the justification of “choice of evils” and on the defense found in KRS 520.070(2). Appellant was indicted in the Lyon Circuit Court for…”
Danilo Fernandez Davila v. Commonwealth of Kentucky, No. 2022 CA 000288 (Ky. Ct. App. Mar. 2, 2023).
Cynthia White v. Commonwealth of Kentucky, No. 2025-CA-0068 (Ky. Ct. App. Apr. 10, 2026). “First-Degree Bail Jumping is proscribed by KRS 520.070. This crime has four elements.”
Ky. Rev. Stat. § 520.070(3): 1 case
Elvis Wynn v. Commonwealth of Kentucky, 713 S.W.3d 122 (Ky. 2025). “Pursuant to KRS 520.070(1), “A person is guilty of bail jumping in the first degree when, having been released from custody by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of having…”
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