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KRS 504.020

Mental illness or intellectual disability

Applied in 37 court decisions — leading case Clark v. Arizona (2006)

Most recently applied in 140 S. Ct. 1021 - Kahler v. Kansas (March 2020)

Effective: July 12, 2012 History: Amended 2012 Ky

How often courts cite this section

19771980199020002010202050
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) A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental illness or intellectual disability, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.

(2) As used in this chapter, the term "mental illness or intellectual disability" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

(3) A defendant may prove mental illness or intellectual disability, as used in this section, in exculpation of criminal conduct.

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