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501.060 Causal relationships.
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(2)
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(4)
Conduct is the cause of a result when it is an antecedent without which the
result in question would not have occurred.
When intentionally causing a particular result is an element of an offense, the
element is not established if the actual result is not within the intention or the
contemplation of the actor unless:
(a) The actual result differs from that intended or contemplated, as the case
may be, only in the respect that a different person or different property is
injured or affected or that the injury or harm intended or contemplated
would have been more serious or more extensive; or
(b) The actual result involves the same kind of injury or harm as that
intended or contemplated and occurs in a manner which the actor knows
or should know is rendered substantially more probable by his conduct.
When wantonly or recklessly causing a particular result is an element of an
offense, the element is not established if the actual result is not within the risk
of which the actor is aware or, in the case of recklessness, of which he should
be aware unless:
(a) The actual result differs from the probable result only in the respect that a
different person or different property is injured or affected or that the
probable injury or harm would have been more serious or more extensive
than that caused; or
(b) The actual result involves the same kind of injury or harm as the probable
result and occurs in a manner which the actor knows or should know is
rendered substantially more probable by his conduct.
The question of whether an actor knew or should have known the result he
caused was rendered substantially more probable by his conduct is an issue of
fact.
Effective:January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 16, effective January 1, 1975.
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