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KRS 500.040

Restrictions on applicability

Known as the Kentucky Penal Code

The act spans §§ 500–500 (16 sections).

Applied in 7 court decisions — leading case Gully v. Kunzman (1979)

Most recently applied in Bennington v. Commonwealth (May 2011)

Effective: January 1, 1975 History: Created 1974 Ky

How often courts cite this section

1977198019902000201120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The provisions of this code shall not apply to any offense committed prior to January 1, 1975, notwithstanding the provisions of KRS 446.110. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted.

(2) This code shall not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action.

(3) For purposes of this section, an offense shall be deemed to have been committed prior to January 1, 1975, if any element of the offense occurred prior thereto.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.