Murder in Kentucky law

Murder in Kentucky law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Kentucky.

The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate well above the median for the entire country.[1]

Felony murder rule

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In the state of Kentucky, the common law felony murder rule has been completely abolished.[2]

KRS § 507.020

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The Kentucky General Assembly abolished the felony murder rule with the enactment of Kentucky Revised Statutes § 507.020. Recognizing that an automatic application of the rule could result in conviction of murder without a culpable mindset, the Kentucky Legislature instead allowed the circumstances of a case, like the commission of a felony, to be considered separately. The facts of each case would be used to show the mental state of the defendant instead of using an automatic rule.[3]

Penalties

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Offense Mandatory sentencing
Murder
First-degree manslaughter 10 to 20 years in prison
Second-degree manslaughter 5 to 10 years in prison
Reckless homicide 1 to 5 years in prison

Notes

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  1. ^ Capital punishment in Kentucky has been indefinitely suspended by court order since 2009.[4]

References

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  1. ^ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
  2. ^ Bonnie, Richard J; Coughlin, Anne M; Jeffries Jr, John C; Low, Peter W (2004). Criminal Law (Second ed.). Foundation Press, New York, NY. p. 860. ISBN 1587787202.
  3. ^ "Kentucky Revised Statutes § 507.020 Murder" (PDF). Kentucky General Assembly.
  4. ^ "Kentucky Judge Rules Against Lethal Injection Protocol and Halts Execution". Death Penalty Information Center. Death Penalty Information Center. Retrieved July 11, 2016.