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What is Criminal Liability?

Kentucky Revised Statutes define Criminal Liability. KRS 501.030 - Criminal liability. A person is not guilty of a criminal offense unless: (1) He has engaged in conduct which includes a voluntary act or the omission to perform a duty which the law imposes upon him and which he is physically capable of performing; and (2) He has engaged in such conduct intentionally, knowingly, wantonly or recklessly as the law may require, with respect to each element of the offense, except that this requirement does not apply to any offense which imposes absolute liability, as defined in KRS 501.050. KRS 501.010 Definitions. The following definitions apply in this chapter: (1) "Culpable mental state" means "intentionally" or "knowingly" or "wantonly" or "recklessly," as these terms are defined in KRS 501.020. (2) "Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body. (3) "Voluntary act" means a bodily movement performed consciously as a result of effort or determination and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it. (4) "Voluntary intoxication" means intoxication caused by substances which the defendant knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such duress as would afford a defense to a charge of crime. If you are charged with a criminal offense, the Commonwealth is alleging that you are criminally liable and you need an attorney.  In Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected] 

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