Kentucky Rape and Sexual Assault Laws

Kentucky Revised Statutes (KRS) §§ 510.040 – 510.060 (Rape)

KRS § 532.060 (Sentence of imprisonment for a felony)

Rape in the first degree happens when a person engages in:

• Sexual intercourse with someone by forcible compulsion
• Sexual intercourse with someone who isn't capable of consenting to the act because they are either physically helpless or younger than 12.

Rape in the second degree happens when a person is 18 or older and has sexual intercourse with someone who is:

• Less than 14 years old
• Mentally incapacitated
• Incapable of consent due to an intellectual disability

Rape in the third degree happens when someone has sexual intercourse with another in the following circumstances:

• The offender is 21 or older, and the victim is younger than 16
• The offender is 21 or older, and the victim is younger than 18 and lives in the offender's foster family home
• The offender is in a position of authority or a position of special trust (defined in Ky. Rev. Stat. 532.045), the victim is younger than 18 , and the victim came into contact with the offender because of the position of authority or special trust
• The offender is a jailer (or otherwise associated with the Department of Corrections or the Department of Juvenile Justice), subjects a person incarcerated, supervised, evaluated, or treated by the departments, and subjects them to sexual intercourse knowing that the victim is incarcerated, supervised, evaluated, or treated by the department
• The offender is a peace officer acting in their official capacity who subjects a person arrested, in custody, or investigated for the commission of a traffic or criminal offense to sexual intercourse

First-degree rape: Class B felony; at least 10 but no more than 20 years in prison

• If the victim is younger than 12 or the victim gets a serious physical injury, it elevates first-degree rape to a Class A felony (at least 20 years in prison, not more than 50 years, although the state may seek a life sentence).

Second-degree rape: Class C felony; at least five but no more than 10 years in prison

Third-degree rape: Class D felony; at least one but not more than five years in prison

KRS §§ 510.110 - 510.130 (Sexual abuse)

KRS § 532.060 (Sentence of imprisonment for a felony)

KRS § 532.090 (Sentence of imprisonment for a misdemeanor)

1. Subjecting another person to sexual contact by forcible compulsion
2. Engaging in sexual contact with someone incapable of consenting either because they are physically helpless, younger than 12, are mentally incapacitated, or have an intellectual disability
3. The offender is 21 or older, the victim is younger than 16, and they subject the victim to sexual contact, the offender masturbates in the victim's presence, or the offender masturbates while the victim can see or hear them via electronic means
4. The offender is in a position of authority or a position of special trust (defined in section 532.045) and subjects a victim under 18 to engage in sexual contact or masturbates in their presence (either in person or via electronic means).

1. The offender is at least 18 but youngerthan 21 and subjects a victim who is younger than 16 to sexual contact
2. The offender is a jailer, works for, or is associated with the departments of Corrections, Juvenile Justice, or a detention facility and subjects someone who is at least 18 and who they know is incarcerated, supervised, evaluated, or treated by the departments or facility to sexual contact
3. The offender is a peace officer who, while acting within their official capacity, subjects a person they have arrested, held in custody, or investigated for the commission of a traffic or criminal offense to sexual conduct

Subjecting another person to sexual contact without the victim's consent

• First-degree sexual abuse is a Class D felony punishable by imprisonment between one and five years. But, if the victim is younger than 12, then the offense is a class C felony punishable by imprisonment of between five and 10 years.
• Second-degree sexual abuse is a class A misdemeanor punishable by up to 12 months in jail.
• Third-degree sexual abuse is a class B misdemeanor punishable by up to 90 days in jail.

KRS §§ 510.070 - 510.100 (Sodomy)

KRS § 532.060 (Sentence of imprisonment for a felony)

KRS § 532.090 (Sentence of imprisonment for a misdemeanor)

A person is guilty of sodomy in the first degree when they:

• Engage in deviate sexual intercourse by forcible compulsion
• Engage in deviate sexual intercourse with a person who cannot consent because they are physically helpless or younger than 12.

A person is guilty of sodomy in the second degree when they are at least 18 and they:

• Engage in deviate sexual intercourse with a person who is younger than 14
• They engage in deviate sexual intercourse with a person who is mentally incapacitated or who cannot consent because they have an intellectual disability

A person is guilty of sodomy in the third degree when they are:

• 21 or older and engage in deviate sexual intercourse with a person who is younger than 16
• 21 or older and engage in deviate sexual intercourse with a person who is younger than 18 and lives in the offender's foster home
• At least 10 years older than the 16- or 17-year-old person with whom they engage with in deviate sexual intercourse
• A person in a position of authority or position of special trust who engages in deviate sexual intercourse with someone under 18 with whom they came into contact as a result of their position
• A jailer or other employee, contractor, vendor, or volunteer of the departments of Corrections, Juvenile Justice, or a detention facility and subject a person who is incarcerated, supervised, evaluated, or treated at one of those facilities or departments to deviate sexual intercourse
• A peace officer who, in their official capacity, subjects someone to deviate sexual intercourse that they arrested, held in custody, or investigated for the commission of a traffic or criminal offense

A person is guilty of sodomy in the fourth degree when they engage in deviate sexual intercourse with another person of the same sex.

Note: On sodomy in the fourth degree, consent is not an element of the offense. Also, it is not a defense that the other person consented to the sexual intercourse.

• Sodomy in the first degree is a Class B felony. But, if the victim was under 12 or if they received a serious physical injury, it elevates to a Class A felony.
• Sodomy in the second degree: Class C felony
• Sodomy in the third degree: Class D felony
• Sodomy in the fourth degree: Class A misdemeanor

KRS § 510.140 (Sexual misconduct)

KRS §§ 510.148 - 510.150 (Indecent exposure)

Sexual misconduct happens when someone engages in either sexual intercourse or deviate sexual intercourse with another person without their consent. Doing so is a Class A misdemeanor, punishable by up to one year of incarceration.

A person is guilty of first-degree indecent exposure when they intentionally expose their genitals under circumstances where they know or should know their conduct is likely to cause affront or alarm to a person under 18. Upon conviction, they face the following penalties:

• First offense: Class B misdemeanor
• Second offense: Class A misdemeanor (if committed within three years of the first conviction)
• Third offense: Class D felony (if committed within three years of the second conviction)
• Fourth or subsequent offenses: Class D felony (if committed within three years of the prior conviction)

A person is guilty of second-degree indecent exposure when they intentionally expose their genitals under circumstances in which they know or should know their conduct is likely to cause affront or alarm to a person who is 18 or older. Upon conviction, they face a Class B misdemeanor.