Title L, Kentucky Penal Code
36 chapters · 519 sections in this title.
KRS § 510.010 Definitions for chapter
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The following definitions apply in this chapter unless the context otherwise requires: (1) "Adult intermediary" means a person who is eighteen (18) years of age or older and communicates with another for the purpose of procuring or promoting the use of a minor in violation of KRS…
KRS § 510.015 Treatment of third or subsequent misdemeanor under KRS Chapter 510 as Class D felony
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as Class D felony. Unless a higher penalty is otherwise prescribed and notwithstanding any provision of this chapter to the contrary, a person who commits a third or subsequent misdemeanor offense under this chapter, except for violations of KRS 510.150, may be convicted of a Cla…
KRS § 510.020 Lack of consent
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(1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim. (2) Lack of consent results from: (a) Forcible compulsion; (b) Incapacity to consent; or (c) If the offense charged i…
KRS § 510.030 Defenses to prosecution based on victim's lack of consent
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In any prosecution under this chapter in which the victim's lack of consent is based solely on his incapacity to consent because he was less than sixteen (16) years old, an individual with an intellectual disability, mentally incapacitated, or physically helpless, the defendant m…
KRS § 510.035 Exception to KRS 510.020
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A person who engages in sexual intercourse or deviate sexual intercourse with another person to whom the person is married, or subjects another person to whom the person is married to sexual contact, does not commit an offense under this chapter regardless of the person's age sol…
KRS § 510.037 Conviction for rape, sodomy, or sexual abuse or for criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of these crimes triggers application for interpersonal protective order
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conspiracy, facilitation, or solicitation to commit any degree of these crimes triggers application for interpersonal protective order. The entering of a judgment of conviction for any degree of rape, sodomy, or sexual abuse under this chapter, or for a criminal attempt, conspira…
KRS § 510.040 Rape in the first degree
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(1) A person is guilty of rape in the first degree when: (a) He engages in sexual intercourse with another person by forcible compulsion; or (b) He engages in sexual intercourse with another person who is incapable of consent because he: 1. Is physically helpless; or 2. Is less t…
KRS § 510.050 Rape in the second degree
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(1) A person is guilty of rape in the second degree when: (a) Being eighteen (18) years old or more, he or she engages in sexual intercourse with another person less than fourteen (14) years old; or (b) He or she engages in sexual intercourse with another person who is mentally i…
KRS § 510.060 Rape in the third degree
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(1) A person is guilty of rape in the third degree when: (a) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old; (b) Being at least ten (10) years older than a person who is sixteen (16) or sevente…
KRS § 510.070 Sodomy in the first degree
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(1) A person is guilty of sodomy in the first degree when: (a) He engages in deviate sexual intercourse with another person by forcible compulsion; or (b) He engages in deviate sexual intercourse with another person who is incapable of consent because he: 1. Is physically helples…
KRS § 510.080 Sodomy in the second degree
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(1) A person is guilty of sodomy in the second degree when: (a) Being eighteen (18) years old or more, he or she engages in deviate sexual intercourse with another person less than fourteen (14) years old; or (b) He or she engages in deviate sexual intercourse with another person…
KRS § 510.090 Sodomy in the third degree
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(1) A person is guilty of sodomy in the third degree when: (a) Being twenty-one (21) years old or more, he or she engages in deviate sexual intercourse with another person less than sixteen (16) years old; (b) Being at least ten (10) years older than a person who is sixteen (16) …
KRS § 510.100 Sodomy in the fourth degree
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(1) A person is guilty of sodomy in the fourth degree when he engages in deviate sexual intercourse with another person of the same sex. (2) Notwithstanding the provisions of KRS 510.020, consent of the other person shall not be a defense under this section, nor shall lack of con…
KRS § 510.110 Sexual abuse in the first degree
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(1) A person is guilty of sexual abuse in the first degree when: (a) He or she subjects another person to sexual contact by forcible compulsion; or (b) He or she subjects another person to sexual contact who is incapable of consent because he or she: 1. Is physically helpless; 2.…
KRS § 510.120 Sexual abuse in the second degree
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(1) A person is guilty of sexual abuse in the second degree when: (a) He or she is at least eighteen (18) years old but less than twenty-one (21) years old and subjects another person who is less than sixteen (16) years old to sexual contact; (b) Being a jailer, or an employee, c…
KRS § 510.130 Sexual abuse in the third degree
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(1) A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent. (2) In any prosecution under this section, it is a defense that: (a) The other person's lack of consent was due solely to incapacity t…
KRS § 510.140 Sexual misconduct
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(1) A person is guilty of sexual misconduct when he engages in sexual intercourse or deviate sexual intercourse with another person without the latter's consent. (2) Sexual misconduct is a Class A misdemeanor.
KRS § 510.148 Indecent exposure in the first degree
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(1) A person is guilty of indecent exposure in the first degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person under the age of eighteen (18) years. (2) Indecent expo…
KRS § 510.150 Indecent exposure in the second degree
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(1) A person is guilty of indecent exposure in the second degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person eighteen (18) years of age or older. (2) Indecent expo…
KRS § 510.155 Unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities -- Prohibition of multiple convictions arising from single course of conduct -- Solicitation as evidence of intent
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Commonwealth to induce a minor to engage in sexual or other prohibited activities -- Prohibition of multiple convictions arising from single course of conduct -- Solicitation as evidence of intent. (1) It shall be unlawful for any person to knowingly use a communications system, …
KRS § 510.160 Grooming a minor
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(1) A person is guilty of grooming a minor when: (a) Being eighteen (18) years of age or older, he or she engages in grooming behavior directed at a minor who is under fourteen (14) years old with the intent to entice, coerce, solicit, or induce the minor to engage in sexual cond…
KRS § 510.300 Expungement of record
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(1) The arrest record of anyone accused by his spouse of an offense under this chapter shall be expunged if said charge was either dismissed with prejudice or a verdict of not guilty on said charge was entered. (2) If the charges brought against a defendant under this chapter are…
KRS § 510.320 Human immunodeficiency virus testing for defendants accused of certain sexual offenses -- Results -- Counseling when test positive -- Cost -- Effect of appeal
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sexual offenses -- Results -- Counseling when test positive -- Cost -- Effect of appeal. (1) For purposes of this section, "human immunodeficiency virus test" means a test of an individual for presence of human immunodeficiency virus, or for antibodies or antigens that result fro…