KRS 508.110: Criminal Abuse in the Second Degree

What Is KRS 508.110?

KRS 508.110 is Kentucky’s second-degree criminal abuse statute. It applies to abuse of vulnerable persons under circumstances less severe than first-degree. People in Lexington and Louisville face these charges with significant consequences.

What the Statute Prohibits

A person commits second-degree criminal abuse when they wantonly abuse another person and cause:

  • Serious physical injury
  • Substantial risk of serious injury
  • Cruel confinement or punishment

The victim must be a child 12 or under, physically helpless, or mentally helpless.

Penalties Under KRS 508.110

  • Class D felony: 1 to 5 years in prison
  • Substantial fines
  • Possible parental rights consequences

Wanton vs. Intentional

The key difference between first and second-degree abuse is the mental state. First-degree requires intentional conduct; second-degree requires wanton conduct (conscious disregard of risk).

Defenses Available

  • Reasonable discipline of children
  • Injuries unrelated to alleged abuse
  • Lack of wantonness
  • Mistaken identity
  • Negotiating to third-degree (a misdemeanor)

Why You Need Clark + Harris

Even second-degree criminal abuse is a felony with potentially career-ending consequences. Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:


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