Kentucky Revised Statutes, Chapter 502 — Parties to Offenses: Accountability

Title L — Kentucky Penal Code

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-09-01.

Title L Kentucky Penal Code

Chapter 502 Parties to Offenses: Accountability

502.010 Liability for conduct of innocent or irresponsible person.

(1) A person is guilty of an offense committed by an innocent or irresponsible person when he:

(a) Acts with the culpability that is sufficient for commission of that offense; and

(b) Causes that innocent or irresponsible person to engage in conduct constituting the offense.

(2) As used in this section, an "innocent or irresponsible person" includes anyone who is not guilty of the offense in question, despite his participation, because of:

(a) Criminal irresponsibility or other legal incapacity or exemption; or

(b) Unawareness of the criminal nature of the conduct in question or the defendant's criminal purpose; or

(c) Any other factor precluding the mental state sufficient for the commission of the offense in question.

Effective: January 1, 1975

History: Created 1974 Ky. Acts ch. 406, sec. 20, effective January 1, 1975.

502.020 Liability for conduct of another -- Complicity.

(1) A person is guilty of an offense committed by another person when, with the intention of promoting or facilitating the commission of the offense, he:

(a) Solicits, commands, or engages in a conspiracy with such other person to commit the offense; or

(b) Aids, counsels, or attempts to aid such person in planning or committing the offense; or

(c) Having a legal duty to prevent the commission of the offense, fails to make a proper effort to do so.

(2) When causing a particular result is an element of an offense, a person who acts with the kind of culpability with respect to the result that is sufficient for the commission of the offense is guilty of that offense when he:

(a) Solicits or engages in a conspiracy with another person to engage in the conduct causing such result; or

(b) Aids, counsels, or attempts to aid another person in planning, or engaging in the conduct causing such result; or

(c) Having a legal duty to prevent the conduct causing the result, fails to make a proper effort to do so.

Effective: January 1, 1975

History: Created 1974 Ky. Acts ch. 406, sec. 21, effective January 1, 1975.

502.030 Liability for conduct of another -- No defense.

In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another person pursuant to KRS 502.010 and 502.020, it is no defense that:

(1) Such other person has not been prosecuted for or convicted of any offense based on the conduct in question, or has previously been acquitted thereof, or has been convicted of a different offense, or has an immunity to prosecution or conviction for such conduct; or

(2) The offense in question, as defined, can be committed only by a particular class or classes of persons, and the accused, not belonging to such class or classes, is for that reason legally incapable of committing the offense in an individual capacity.

Effective: January 1, 1975

History: Created 1974 Ky. Acts ch. 406, sec. 22, effective January 1, 1975.

502.040 Liability for conduct of another -- Exemptions.

A person is not guilty under KRS 502.010 or 502.020 for an offense committed by another person when:

(1) The offense is so defined that his conduct is inevitably incident to its commission; or

(2) Prior to the commission of the offense, he manifests a voluntary and complete renunciation, as defined in KRS 506.060, of his criminal purposes and:

(a) Deprives his prior effort of its effectiveness in such commission; or

(b) Gives timely warning to the proper law enforcement authorities or otherwise makes proper effort to prevent commission of the offense.

Effective: January 1, 1975

History: Created 1974 Ky. Acts ch. 406, sec. 23, effective January 1, 1975.

502.050 Corporate liability.

(1) A corporation is guilty of an offense when:

(a) The conduct constituting the offense consists of a failure to discharge a specific duty imposed upon corporations by law; or

(b) The conduct constituting the offense is engaged in, authorized, commanded or wantonly tolerated by the board of directors or by a high managerial agent acting within the scope of his employment in behalf of the corporation; or

(c) The conduct constituting the offense is engaged in by an agent of the corporation acting within the scope of his employment and in behalf of the corporation and:

1. The offense is a misdemeanor or violation; or

2. The offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on a corporation.

(2) As used in this section:

(a) "Agent" means any officer, director, servant or employee of the corporation or any other person authorized to act in behalf of the corporation.

(b) "High managerial agent" means an officer of a corporation or any other agent of a corporation who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the corporation.

Effective: January 1, 1975

History: Created 1974 Ky. Acts ch. 406, sec. 24, effective January 1, 1975.

502.060 Individual liability for corporate conduct.

A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if the conduct were performed in his own name or behalf.

Effective: January 1, 1975

History: Created 1974 Ky. Acts ch. 406, sec. 25, effective January 1, 1975.