UNOFFICIAL COPY 23 RS BR 1047
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AN ACT relating to sexual offenses. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 510.010 is amended to read as follows: 3
The following definitions apply in this chapter unless the context otherwise requires: 4
(1) "Deviate sexual intercourse" means any act of sexual gratification involving the sex 5
organs of one person and the mouth or anus of another; or penetration of the anus of 6
one person by any body part or a foreign object manipulated by another person. 7
"Deviate sexual intercourse" does not include penetration of the anus by any body 8
part or a foreign object in the course of the performance of generally recognized 9
health-care practices; 10
(2) "Forcible compulsion" means physical force or threat of physical force, express or 11
implied, which places a person in fear of immediate death, physical injury to self or 12
another person, fear of the immediate kidnap of self or another person, or fear of 13
any offense under this chapter. Physical resistance on the part of the victim shall not 14
be necessary to meet this definition; 15
(3) "Mental illness" means a diagnostic term that covers many clinical categories, 16
typically including behavioral or psychological symptoms, or both, along with 17
impairment of personal and social function, and specifically defined and clinically 18
interpreted through reference to criteria contained in the Diagnostic and Statistical 19
Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of 20
the American Psychiatric Association; 21
(4) "Individual with an intellectual disability" means a person with significantly 22
subaverage general intellectual functioning existing concurrently with deficits in 23
adaptive behavior and manifested during the developmental period, as defined in 24
KRS Chapter 202B; 25
(5) "Mentally incapacitated" means that a person is rendered temporarily incapable of 26
appraising or controlling his or her conduct as a result of the influence of an 27 UNOFFICIAL COPY 23 RS BR 1047
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intoxicating substance administered to him or her without his or her consent or as a 1
result of any other act committed upon him or her without his or her consent; 2
(6) "Physically helpless" means that a person is unconscious or for any other reason is 3
physically unable to communicate unwillingness to an act. "Physically helpless" 4
also includes a person who has been rendered unconscious or for any other reason is 5
physically unable to communicate an unwillingness to an act as a result of the 6
influence of a controlled substance, alcohol, or legend drug; 7
(7) "Sexual contact" means any touching of the sexual or other intimate parts of a 8
person done for the purpose of gratifying the sexual desire of either party; 9
(8) "Sexual intercourse" means sexual intercourse in its ordinary sense and includes 10
penetration of the sex organs of one person by any body part or a foreign object 11
manipulated by another person. Sexual intercourse occurs upon any penetration, 12
however slight; emission is not required. "Sexual intercourse" does not include 13
penetration of the sex organ by any body part or a foreign object in the course of the 14
performance of generally recognized health-care practices; 15
(9) "Foreign object" means anything used in commission of a sexual act other than the 16
person of the actor; 17
(10) "Registrant" has the same meaning as in KRS 17.500; and 18
(11) "Adult intermediary" means a person who is age eighteen (18) years or older, who 19
communicates with another for the purpose of procuring or promoting the use of a 20
minor in violation of KRS 510.155. 21
Section 2. KRS 510.060 is amended to read as follows: 22
(1) A person is guilty of rape in the third degree when: 23
(a) Being twenty-one (21) years old or more, he or she engages in sexual 24
intercourse with another person less than sixteen (16) years old; 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 1047
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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
(f) Being a peace officer, while serving in his or her official capacity, he or she 17
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; or 23
(g) He or she engages in sexual intercourse with another person knowing or 24
having reasonable cause to believe that the other person's ability to appraise 25
the nature of or control his or her own conduct is substantially impaired 26
because of a mental or physical condition or because of advanced age. 27 UNOFFICIAL COPY 23 RS BR 1047
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(2) Rape in the third degree is a Class D felony. 1
Section 3. KRS 510.090 is amended to read as follows: 2
(1) A person is guilty of sodomy in the third degree when: 3
(a) Being twenty-one (21) years old or more, he or she engages in deviate sexual 4
intercourse with another person less than sixteen (16) years old; 5
(b) Being at least ten (10) years older than a person who is sixteen (16) or 6
seventeen (17) years old at the time of deviate sexual intercourse, he or she 7
engages in deviate sexual intercourse with the person; 8
(c) Being twenty-one (21) years old or more, he or she engages in deviate sexual 9
intercourse with another person less than eighteen (18) years old and for 10
whom he or she provides a foster family home as defined in KRS 600.020; 11
(d) Being a person in a position of authority or position of special trust, as defined 12
in KRS 532.045, he or she engages in deviate sexual intercourse with a minor 13
less than eighteen (18) years old with whom he or she comes into contact as a 14
result of that position; 15
(e) Being a jailer, or an employee, contractor, vendor, or volunteer of the 16
Department of Corrections, Department of Juvenile Justice, or a detention 17
facility as defined in KRS 520.010, or of an entity under contract with either 18
department or a detention facility for the custody, supervision, evaluation, or 19
treatment of offenders, he or she subjects a person who he or she knows is 20
incarcerated, supervised, evaluated, or treated by the Department of 21
Corrections, Department of Juvenile Justice, detention facility, or contracting 22
entity, to deviate sexual intercourse;[ or] 23
(f) Being a peace officer, while serving in his or her official capacity, he or she 24
subjects a person who the officer: 25
1. Arrested, held in custody, or investigated for commission of a traffic or 26
criminal offense; or 27 UNOFFICIAL COPY 23 RS BR 1047
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2. Knew or should have known was under arrest, held in custody, or being 1
investigated for commission of a traffic or criminal offense; 2
to deviate sexual intercourse; or 3
(g) He or she engages in deviate sexual intercourse with another person 4
knowing or having reasonable cause to believe that the other person's 5
ability to appraise the nature of or control his or her own conduct is 6
substantially impaired because of a mental or physical condition or because 7
of advanced age. 8
(2) Sodomy in the third degree is a Class D felony. 9