KRS 523.050: Inconsistent statements.

(1) When a person has made inconsistent statements under oath, both having been

made within the period of the statute of limitations, the prosecution may proceed by

setting forth the inconsistent statements in a single charge alleging in the alternative

that one (1) or the other was false and not believed by the defendant. In such case it

shall not be necessary for the prosecution to prove which statement was false but

only that one (1) or the other was false and not believed by the defendant to be true.

(2) The highest offense of which a person may be convicted in such an instance shall be

determined by hypothetically assuming each statement to be false. If perjury of

different degrees would be established by the making of the two (2) statements, the

person may only be convicted of the lesser degree. If perjury or false swearing

would be established by the making of the two (2) statements, the person may only

be convicted of false swearing.