KRS 508.040: Assault under extreme emotional disturbance.

(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:

(a) A Class D felony when it would constitute an assault in the first degree or an

assault in the second degr ee 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.