Kentucky Statutes 508.040 – Assault under extreme emotional disturbance
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(1) In any prosecution under KRS § 508.010, 508.020 or 508.030 in which intentionally causing physical injury or serious physical injury is an element of the offense, the defendant may establish in mitigation that he acted under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS § 507.020.
(2) An assault committed under the influence of extreme emotional disturbance is:
For details, see § 532.060 and § 532.090
(a) A Class D felony when it would constitute an assault in the first degree or an assault in the second degree if not committed under the influence of an extreme emotional disturbance; or
(b) A Class B misdemeanor when it would constitute an assault in the fourth degree if not committed under the influence of an extreme emotional disturbance.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 111, sec. 198, effective July 13, 1984. — Created
1974 Ky. Acts ch. 406, sec. 68, effective January 1, 1975.
(2) An assault committed under the influence of extreme emotional disturbance is:
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 508.040
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(a) A Class D felony when it would constitute an assault in the first degree or an assault in the second degree if not committed under the influence of an extreme emotional disturbance; or
(b) A Class B misdemeanor when it would constitute an assault in the fourth degree if not committed under the influence of an extreme emotional disturbance.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 111, sec. 198, effective July 13, 1984. — Created
1974 Ky. Acts ch. 406, sec. 68, effective January 1, 1975.