(1) A person is guilty of public intoxication when he appears in a public place
manifestly under the influence of a controlled substance, or other intoxicating
substance, excluding alcohol (unless the alcohol is present in combination with any
of the above), not therapeutically administered, to the degree that he may endanger
himself or other persons or property, or unreasonably annoy persons in his vicinity.
(2) Public intoxication is a Class B misdemeanor.
Effective: July 1, 1986
History: Amended 1986 Ky. Acts ch. 336, sec. 9, effective July 1, 1986. -- Created
1974 Ky. Acts ch. 406, sec. 220, effective January 1, 1975.
Legislative Research Commission Note. Acts 1984, ch. 205, § 1 attempted to change
the effective date of Acts 1982, ch. 312 to July 15, 1986; however, pursuant to KRS
446.270, the effective date must be July 1, 1986.
Notes of Decisions
Cited in
11
cases (
6 in the last 5 years), 2008–2026 · leading case:
Maloney v. Commonwealth, 489 S.W.3d 235 (Ky. 2016).
Maloney v. Commonwealth, 489 S.W.3d 235 (Ky. 2016).
· cites it 4× “100 employed precisely the same standard for defining the punishable range of intoxication that was, in 1986, incorporated into KRS 222.”
Woodcock v. City of Bowling Green, 165 F. Supp. 3d 563 (W.D. Ky. 2016).
“) Plaintiff states that even using the benefit of 20/20 hindsight, at the time Harrison was shot, he was at most guilty of: public intoxication (misdemeanor), KRS 525.100; disorderly conduct (misdemeanor), KRS 525.”
Jody Cain v. Joe Irvin, 286 F. App'x 920 (6th Cir. 2008).
· cites it 2× “Examining the disputed facts in the light most favorable to plaintiff, it is evident that Cain exhibited behavior that would provide sufficient grounds to arrest for violation of Ky. Rev. Stat. § 525.100, which prohibits appearing in a public place under the influence of a…”
Bradley Ard v. Commonwealth of Kentucky (Ky. Ct. App. 2026).
· cites it 4× “100, which states: “(1) A person is guilty of public intoxication when he appears in a public place manifestly under the influence of a controlled substance, or other intoxicating substance, excluding alcohol (unless the alcohol is present in combination with any of the above),…”
Dobson v. Sandidge (W.D. Ky. 2021).
· cites it 2× “2011) (“plaintiff’s conduct would not fall within the purview of [KRS 525.100] because the controlled substance he was taking was prescribed by a doctor and was thus ‘therapeutically administered’ .”
Harrison v. Ellison (W.D. Ky. 2023).
· cites it 2× “] Following the incident Harrison was charged with public intoxication and resisting arrest in violation of KRS 525.100 and KRS 520.090 respectively.”
Gregory Witham v. Commonwealth of Kentucky (Ky. Ct. App. 2020).
“In its order setting aside Witham’s pretrial diversion agreement, the circuit court made the following findings of fact: Considering the evidence as a whole, the [c]ourt concludes as a matter of law that [Witham] has violated his probation in that he has failed to report to his…”
Larry Bowles v. Bourbon Cnty., Ky. (6th Cir. 2021).
“Facts On March 15, 2016, police arrested Bowles at a Speedway gas station for public intoxication due to suspected drug use, in violation of Ky. Rev. Stat. § 525.100, and transported him to the Jail.”
Larry Bowles v. Bourbon Cnty., Ky. (6th Cir. 2021).
“Facts On March 15, 2016, police arrested Bowles at a Speedway gas station for public intoxication due to suspected drug use, in violation of Ky. Rev. Stat. § 525.100, and transported him to the Jail.”
— Ky. Rev. Stat. § 525.100(A) — 1 case
Dobson v. Sandidge (W.D. Ky. 2021).
“2011) (“plaintiff’s conduct would not fall within the purview of [KRS 525.100] because the controlled substance he was taking was prescribed by a doctor and was thus ‘therapeutically administered’ .”
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