UNOFFICIAL COPY 23 RS BR 348
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AN ACT relating to crimes and punishments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 421.510 is amended to read as follows: 3
(1) Where the victim is less than eighteen (18)[sixteen (16)] years old and the crime is 4
a sexual offense including violations of KRS 510.040 to 510.150, 530.020, 5
530.064(1)(a), 530.070, 531.310, 531.320, and 531.370, a speedy trial may be 6
scheduled as provided in subsection (2) of this section. 7
(2) The court, upon motion by the attorney for the Commonwealth for a speedy trial, 8
shall set a hearing date on the motion within ten (10) days of the date of the motion. 9
If the motion is granted, the trial shall be scheduled within ninety (90) days from 10
the hearing date. 11
(3) In ruling on any motion or other request for a delay or continuance of the 12
proceedings, the court shall consider and give weight to any adverse impact the 13
delay or continuance may have on the well-being of a child victim or witness. 14
Section 2. KRS 510.020 is amended to read as follows: 15
(1) Whether or not specifically stated, it is an element of every offense defined in this 16
chapter that the sexual act was committed without consent of the victim. 17
(2) Lack of consent results from: 18
(a) Forcible compulsion; 19
(b) Incapacity to consent; or 20
(c) If the offense charged is sexual abuse, any circumstances in addition to 21
forcible compulsion or incapacity to consent in which the victim does not 22
expressly or impliedly acquiesce in the actor's conduct. 23
(3) A person is deemed incapable of consent when he or she is: 24
(a) Less than eighteen (18)[sixteen (16)] years old; 25
(b) [Sixteen (16) or seventeen (17) years old and the actor is at least ten (10) 26
years older than the victim at the time of the sexual act; 27 UNOFFICIAL COPY 23 RS BR 348
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(c) ]An individual unable to communicate consent or lack of consent, or unable to 1
understand the nature of the act or its consequences, due to an intellectual 2
disability or a mental illness; 3
(c)[(d)] Mentally incapacitated; 4
(d)[(e)] Physically helpless; or 5
(e)[(f)] Under the care or custody of a state or local agency pursuant to court 6
order and the actor is employed by or working on behalf of the state or local 7
agency. 8
(4) The provisions of subsections[subsection] (3)(a) and (e)[(f)] of this section shall 9
not apply to persons who are lawfully married to each other and no court order is in 10
effect prohibiting contact between the parties. 11
Section 3. KRS 510.030 is amended to read as follows: 12
In any prosecution under this chapter in which the victim's lack of consent is based solely 13
on his or her incapacity to consent because he or she was less than eighteen (18)[sixteen 14
(16)] years old, an individual with an intellectual disability, mentally incapacitated, or 15
physically helpless, the defendant may prove in exculpation that at the time he or she 16
engaged in the conduct constituting the offense he or she did not know of the facts or 17
conditions responsible for such incapacity to consent. 18
Section 4. KRS 510.035 is amended to read as follows: 19
A person who engages in sexual intercourse or deviate sexual intercourse with another 20
person to whom the person is married, or subjects another person to whom the person is 21
married to sexual contact, does not commit an offense under this chapter regardless of the 22
person's age solely because the other person is less than eighteen (18)[sixteen (16)] years 23
old or an individual with an intellectual disability. 24
Section 5. KRS 510.040 is amended to read as follows: 25
(1) A person is guilty of rape in the first degree when: 26
(a) He or she engages in sexual intercourse with another person by forcible 27 UNOFFICIAL COPY 23 RS BR 348
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compulsion; or 1
(b) He or she engages in sexual intercourse with another person who is incapable 2
of consent because he or she: 3
1. Is physically helpless; or 4
2. Is less than twelve (12) years old. 5
(2) Rape in the first degree is a Class B felony unless the victim: 6
(a) Is under twelve (12) years old;[ or ] 7
(b) Receives a serious physical injury; or 8
(c) Becomes pregnant as a result of the rape; 9
in which case it is a Class A felony. 10
Section 6. KRS 510.050 is amended to read as follows: 11
(1) A person is guilty of rape in the second degree when: 12
(a) Being eighteen (18) years old or more, he or she engages in sexual intercourse 13
with another person less than fourteen (14) years old; or 14
(b) He or she engages in sexual intercourse with another person who is mentally 15
incapacitated or who is incapable of consent because he or she is an individual 16
with an intellectual disability. 17
(2) Rape in the second degree is a Class C felony unless the victim becomes pregnant 18
as a result of the rape, in which case it is a Class B felony. 19
Section 7. KRS 510.060 is amended to read as follows: 20
(1) A person is guilty of rape in the third degree when: 21
(a) Being eighteen (18)[twenty-one (21)] years old or more, he or she engages in 22
sexual intercourse with another person who is fourteen (14) years old or more 23
but less than eighteen (18)[sixteen (16)] years old, unless the persons are 24
married to each other in accordance with KRS 402.210; 25
(b)[ Being at least ten (10) years older than a person who is sixteen (16) or 26
seventeen (17) years old at the time of sexual intercourse, he or she engages in 27 UNOFFICIAL COPY 23 RS BR 348
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sexual intercourse with the person; 1
(c) Being twenty-one (21) years old or more, He or she engages in sexual 2
intercourse with another person less than eighteen (18) years old and for 3
whom he or she provides a foster family home as defined in KRS 600.020; 4
(d) Being a person in a position of authority or position of special trust, as defined 5
in KRS 532.045, he or she engages in sexual intercourse with a minor under 6
eighteen (18) years old with whom he or she comes into contact as a result of 7
that position; 8
(e)] Being a jailer, or an employee, contractor, vendor, or volunteer of the 9
Department of Corrections, Department of Juvenile Justice, or a detention 10
facility as defined in KRS 520.010, or of an entity under contract with either 11
department or a detention facility for the custody, supervision, evaluation, or 12
treatment of offenders, he or she subjects a person who he or she knows is 13
incarcerated, supervised, evaluated, or treated by the Department of 14
Corrections, Department of Juvenile Justice, detention facility, or contracting 15
entity, to sexual intercourse; or 16
(c)[(f)] Being a peace officer, while serving in his or her official capacity, he or 17
she subjects a person who the officer: 18
1. Arrested, held in custody, or investigated for commission of a traffic or 19
criminal offense; or 20
2. Knew or should have known was under arrest, held in custody, or being 21
investigated for commission of a traffic or criminal offense; 22
to sexual intercourse. 23
(2) Rape in the third degree is a Class D felony, unless the victim becomes pregnant as 24
a result of the rape in which case it is a Class C felony. 25
Section 8. KRS 510.090 is amended to read as follows: 26
(1) A person is guilty of sodomy in the third degree when: 27 UNOFFICIAL COPY 23 RS BR 348
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(a) Being eighteen (18)[twenty-one (21)] years old or more, he or she engages in 1
deviate sexual intercourse with another person who is fourteen (14) years old 2
or more, but less than eighteen (18)[sixteen (16)] years old, unless the 3
persons are married to each other in accordance with KRS 402.210; 4
(b)[ Being at least ten (10) years older than a person who is sixteen (16) or 5
seventeen (17) years old at the time of deviate sexual intercourse, he or she 6
engages in deviate sexual intercourse with the person; 7
(c) Being twenty-one (21) years old or more, He or she engages in deviate sexual 8
intercourse with another person less than eighteen (18) years old and for 9
whom he or she provides a foster family home as defined in KRS 600.020; 10
(d) Being a person in a position of authority or position of special trust, as defined 11
in KRS 532.045, he or she engages in deviate sexual intercourse with a minor 12
less than eighteen (18) years old with whom he or she comes into contact as a 13
result of that position; 14
(e)] Being a jailer, or an employee, contractor, vendor, or volunteer of the 15
Department of Corrections, Department of Juvenile Justice, or a detention 16
facility as defined in KRS 520.010, or of an entity under contract with either 17
department or a detention facility for the custody, supervision, evaluation, or 18
treatment of offenders, he or she subjects a person who he or she knows is 19
incarcerated, supervised, evaluated, or treated by the Department of 20
Corrections, Department of Juvenile Justice, detention facility, or contracting 21
entity, to deviate sexual intercourse; or 22
(c)[(f)] Being a peace officer, while serving in his or her official capacity, he or 23
she subjects a person who the officer: 24
1. Arrested, held in custody, or investigated for commission of a traffic or 25
criminal offense; or 26
2. Knew or should have known was under arrest, held in custody, or being 27 UNOFFICIAL COPY 23 RS BR 348
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investigated for commission of a traffic or criminal offense; 1
to deviate sexual intercourse. 2
(2) Sodomy in the third degree is a Class D felony. 3
Section 9. KRS 510.110 is amended to read as follows: 4
(1) A person is guilty of sexual abuse in the first degree when: 5
(a) He or she subjects another person to sexual contact by forcible compulsion; or 6
(b) He or she subjects another person to sexual contact who is incapable of 7
consent because he or she: 8
1. Is physically helpless; 9
2. Is less than twelve (12) years old; 10
3. Is mentally incapacitated; or 11
4. Is an individual with an intellectual disability; or 12
(c) Being eighteen (18)[twenty-one (21)] years old or more, he or she: 13
1. Subjects another person who is less than eighteen (18)[sixteen (16)] 14
years old to sexual contact; 15
2. Engages in masturbation in the presence of another person who is less 16
than eighteen (18)[sixteen (16)] years old and knows or has reason to 17
know the other person is present; or 18
3. Engages in masturbation while using the Internet, telephone, or other 19
electronic communication device while communicating with a minor 20
who the person knows is less than eighteen (18)[sixteen (16)] years old, 21
and the minor can see or hear the person masturbate; or 22
(d) Being a person in a position of authority or position of special trust, as defined 23
in KRS 532.045, he or she, regardless of his or her age, subjects a minor who 24
is less than eighteen (18) years old, with whom he or she comes into contact 25
as a result of that position, to sexual contact or engages in masturbation in the 26
presence of the minor and knows or has reason to know the minor is present 27 UNOFFICIAL COPY 23 RS BR 348
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or engages in masturbation while using the Internet, telephone, or other 1
electronic communication device while communicating with a minor who the 2
person knows is less than eighteen (18)[sixteen (16)] years old, and the minor 3
can see or hear the person masturbate. 4
(2) Sexual abuse in the first degree is a Class D felony, unless the victim is less than 5
twelve (12) years old, in which case the offense shall be a Class C felony. 6
Section 10. KRS 510.120 is amended to read as follows: 7
(1) A person is guilty of sexual abuse in the second degree when: 8
(a) He or she is at least eighteen (18) years old but less than twenty-one (21) 9
years old and subjects another person who is less than eighteen (18)[sixteen 10
(16)] years old to sexual contact; 11
(b) Being a jailer, or an employee, contractor, vendor, or volunteer of the 12
Department of Corrections, Department of Juvenile Justice, or a detention 13
facility as defined in KRS 520.010, or of an entity under contract with either 14
department or a detention facility for the custody, supervision, evaluation, or 15
treatment of offenders, he or she subjects a person who is at least eighteen 16
(18) years old and who he or she knows is incarcerated, supervised, evaluated, 17
or treated by the Department of Corrections, Department of Juvenile Justice, 18
detention facility, or contracting entity, to sexual contact; or 19
(c) Being a peace officer, while serving in his or her official capacity, he or she 20
subjects a person who the officer: 21
1. Arrested, held in custody, or investigated for commission of a traffic or 22
criminal offense; or 23
2. Knew or should have known was under arrest, held in custody, or being 24
investigated for commission of a traffic or criminal offense; 25
to sexual contact. 26
(2) In any prosecution under subsection (1)(a) of this section, it is a defense that: 27 UNOFFICIAL COPY 23 RS BR 348
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(a) The other person's lack of consent was due solely to incapacity to consent by 1
reason of being less than eighteen (18)[sixteen (16)] years old; and 2
(b) The other person was at least fourteen (14) years old; and 3
(c) The actor was less than five (5) years older than the other person. 4
(3) Sexual abuse in the second degree is a Class A misdemeanor. 5
Section 11. KRS 510.130 is amended to read as follows: 6
(1) A person is guilty of sexual abuse in the third degree when he or she subjects 7
another person to sexual contact without the latter's consent. 8
(2) In any prosecution under this section, it is a defense that: 9
(a) The other person's lack of consent was due solely to incapacity to consent by 10
reason of being less than eighteen (18)[sixteen (16)] years old; and 11
(b) The other person was at least fourteen (14) years old; and 12
(c) The actor was less than eighteen (18) years old. 13
(3) Sexual abuse in the third degree is a Class B misdemeanor. 14
Section 12. KRS 530.020 is amended to read as follows: 15
(1) A person is guilty of incest when he or she has sexual intercourse or deviate sexual 16
intercourse, as defined in KRS 510.010, with a person whom he or she knows to be 17
an ancestor, descendant, uncle, aunt, brother, or sister. The relationships referred to 18
herein include blood relationships of either the whole or half blood without regard 19
to legitimacy, relationship of parent and child by adoption, relationship of 20
stepparent and stepchild, and relationship of stepgrandparent and stepgrandchild. 21
(2) (a) Incest is a Class C felony if the act is committed by consenting adults, unless 22
a person becomes pregnant as a result of the incestuous act in which case it 23
is a Class B felony. 24
(b) Incest is a Class B felony if committed: 25
1. By forcible compulsion as defined in KRS 510.010(2); or 26
2. On a victim who is: 27 UNOFFICIAL COPY 23 RS BR 348
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a. Less than eighteen (18) years of age;[ or] 1
b. Incapable of consent because he or she is physically helpless or 2
mentally incapacitated. 3
(c) Incest is a Class A felony if: 4
1. Committed on a victim less than twelve (12) years of age;[ or] 5
2. The victim receives serious physical injury; or 6
3. The victim becomes pregnant as a result of the incestuous act. 7
Section 13. KRS 530.064 is amended to read as follows: 8
(1) A person is guilty of unlawful transaction with a minor in the first degree when he 9
or she knowingly induces, assists, or causes a minor to engage in: 10
(a) Illegal sexual activity; or 11
(b) Illegal controlled substances activity other than activity involving marijuana 12
or salvia, as defined in KRS 218A.010; 13
Except those offenses involving minors in KRS Chapter 531 and in KRS 529.100 14
where that offense involves commercial sexual activity. 15
(2) Unlawful transaction with a minor in the first degree is a: 16
(a) Class C felony if the minor so used is less than eighteen (18) years old at the 17
time the minor engages in the prohibited activity; 18
(b) Class B felony if the minor so used is less than sixteen (16) years old at the 19
time the minor engages in the prohibited activity; and 20
(c) Class A felony if the minor so used incurs physical injury or becomes 21
pregnant as a result of the prohibited activity[thereby]. 22
Section 14. KRS 531.310 is amended to read as follows: 23
(1) A person is guilty of the use of a minor in a sexual performance if he employs, 24
consents to, authorizes or induces a minor to engage in a sexual performance. 25
(2) Use of a minor in a sexual performance is: 26
(a) A Class C felony if the minor so used is less than eighteen (18) years old at 27 UNOFFICIAL COPY 23 RS BR 348
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the time the minor engages in the prohibited activity; 1
(b) A Class B felony if the minor so used is less than sixteen (16) years old at the 2
time the minor engages in the prohibited activity; and 3
(c) A Class A felony if the minor so used incurs physical injury or becomes 4
pregnant as a result of the prohibited activity[thereby]. 5
Section 15. KRS 531.320 is amended to read as follows: 6
(1) A person is guilty of promoting a sexual performance by a minor when, knowing 7
the character and content thereof, he produces, directs or promotes any performance 8
which includes sexual conduct by a minor. 9
(2) Promoting a sexual performance by a minor is: 10
(a) A Class C felony if the minor involved in the sexual performance is less than 11
eighteen (18) years old at the time the minor engages in the prohibited 12
activity; 13
(b) A Class B felony if the minor involved in the sexual performance is less than 14
sixteen (16) years old at the time the minor engages in the prohibited activity; 15
and 16
(c) A Class A felony if the minor involved in the sexual performance incurs 17
physical injury or becomes pregnant as a result of the prohibited 18
activity[thereby]. 19