{"data":{"id":"us-ky/krs-500.070","jurisdiction":"us-ky","citation":"KRS 500.070","heading":"Burden of proof -- Defenses.","body":"(1) The Commonwealth has the burden of proving every element of the case beyond a\nreasonable doubt, except as provided in subsection (3). This provision, however,\ndoes not require disproof of any element that is entitled a \"defense,\" as that term is\nused in th is code, unless the evidence tending to support the defense is of such\nprobative force that in the absence of countervailing evidence the defendant would\nbe entitled to a directed verdict of acquittal.\n(2) No court can require notice of a defense prior to trial time.\n(3) The defendant has the burden of proving an element of a case only if the statute\nwhich contains that element provides that the defendant may prove such element in\nexculpation of his conduct.","path":["KRS Chapter 500"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19641","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:59Z","sha256":"bc3d224b2b226f9cd1dadaf922ff5cdaf662b2767ac898994a1dbcfcfc39f883","source_id":"us-ky","stale":false,"prev":"us-ky/krs-500.060","next":"us-ky/krs-500.080"},"notice":"GroundRules: Original legal text. Not legal advice."}