505.020 Prosecution for multiple offenses. (1) When a single course of conduct of a defendant may establish the commission of more than one (1) offense, he may be prosecuted for each such offense. He may not, however, be convicted of more than one (1) offense when: (a) One offense is included in the ot her, as defined in subsection (2); or (b) Inconsistent findings of fact are required to establish the commission of the offenses; or (c) The offense is designed to prohibit a continuing course of conduct and the defendant's course of conduct was uninterrup ted by legal process, unless the law expressly provides that specific periods of such conduct constitute separate offenses. (2) A defendant may be convicted of an offense that is included in any offense with which he is formally charged. An offense is so i ncluded when: (a) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or (b) It consists of an attempt to commit the offense charged or to commit an offense otherwise included there in; or (c) It differs from the offense charged only in the respect that a lesser kind of culpability suffices to establish commit the offense charged or to commit an offense otherwise included there in; or (c) It differs from the offense charged only in the respect that a lesser kind of culpability suffices to establish its commission; or (d) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the sa me person, property or public interest suffices to establish its commission. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 44, effective January 1, 1975.
Kentucky Legal Code