Under KRS 502.030, which statement correctly describes the effect of the other person’s prosecutorial status on liability?

Under KRS 502.030, which statement correctly describes the effect of the other person’s prosecutorial status on liability?

• A. It is not a defense that the other person has not been prosecuted, was charged with a different offense, was acquitted, was immune from prosecution, or that the defendant could not be charged if they were the actual actor.
• B. The liability is defeated if the other person was acquitted.
• C. The defendant cannot be liable if the other person was not prosecuted.
• D. The other person’s status always absolves the defendant.

Answer: (A)

Under Kentucky law, your liability for a crime does not depend on what happened to another person involved. KRS 502.030 says that the fact that the other person has not been prosecuted, was charged with a different offense, was acquitted, was immune from prosecution, or that you could not be charged if you were the actual actor, does not provide a defense or excuse. If you knowingly aided, abetted, counseled, hired, or otherwise participated in the crime, you can be held liable for the same offense as the actual participant, regardless of that other person’s prosecutorial status. This prevents someone from escaping liability merely because a co-participant was acquitted or treated differently.

Under Kentucky law, your liability for a crime does not depend on what happened to another person involved. KRS 502.030 says that the fact that the other person has not been prosecuted, was charged with a different offense, was acquitted, was immune from prosecution, or that you could not be charged if you were the actual actor, does not provide a defense or excuse. If you knowingly aided, abetted, counseled, hired, or otherwise participated in the crime, you can be held liable for the same offense as the actual participant, regardless of that other person’s prosecutorial status. This prevents someone from escaping liability merely because a co-participant was acquitted or treated differently.