(A) In any prosecution under § 136.02, in which intentionally causing physical injury or serious physical injury is an element of the offense, the defendant may establish in mitigation that he or she acted under the influence of extreme emotional disturbance.
(KRS 508.040)
(1) A defendant acted under the influence of extreme emotional disturbance if there was a reasonable explanation or excuse.
(2) The reasonableness of the explanation or excuse is to be determined from the viewpoint of a person in the defendant situation under the circumstances as the defendant believed them to be.
(KRS 507.020)
(B) An assault in the third degree committed under the influence of extreme emotional disturbance is a Class B misdemeanor.
(KRS 508.040) (1980 Code, § 1020.2-3)