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AN ACT relating to incest. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 530.020 is amended to read as follows: 3
(1) As used in this section, "sexual intercourse," "deviate sexual intercourse," and 4
"sexual contact" have the same meaning as in KRS 510.010. 5
(2) A person is guilty of incest when he or she: 6
(a) Has sexual intercourse;[ or] 7
(b) Has deviate sexual intercourse[, as defined in KRS 510.010, with a person]; 8
or 9
(c) Engages in sexual contact; 10
with a person whom he or she knows to be his or her parent, child, grandparent, 11
grandchild, great-grandparent, great-grandchild, uncle, aunt, nephew, niece, 12
brother, sister,[ first cousin,] ancestor, or descendant. The relationships referred to 13
herein include blood relationships of either the whole or half blood without regard 14
to legitimacy, relationship of parent and child by adoption, relationship of 15
stepparent and stepchild, and relationship of stepgrandparent and stepgrandchild. 16
(3)[(2)] (a) For a violation of subsection (2)(a) or (b) of this section: 17
1. Incest is a Class C felony if the act is committed by consenting 18
persons;[.] 19
2.[(b)] Incest is a Class B felony if committed: 20
a.[1.] With a person without his or her consent; 21
b.[2.] By forcible compulsion as defined in KRS 510.010; or 22
c.[3.] With a person who is: 23
i.[a.] Less than eighteen (18) years of age by a person three (3) or 24
more years older; or 25
ii.[b.] Incapable of consent because he or she is physically helpless 26
or mentally incapacitated as defined in KRS 510.010; and[.] 27 UNOFFICIAL COPY 24 RS BR 1411
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3.[(c)] Incest is a Class A felony if committed: 1
a.[1.] With a person who is less than twelve (12) years of age; or 2
b.[2.] With a person without his or her consent causing serious physical 3
injury. 4
(b) For a violation of subsection (2)(c) of this section, incest is a Class D felony 5
unless it is committed with a person who is less than twelve (12) years of 6
age, in which case it is a Class C felony. 7
Section 2. KRS 439.3401 is amended to read as follows: 8
(1) As used in this section, "violent offender" means any person who has been 9
convicted of or pled guilty to the commission of: 10
(a) A capital offense; 11
(b) A Class A felony; 12
(c) A Class B felony involving the death of the victim or serious physical injury 13
to a victim; 14
(d) An offense described in KRS 507.040 or 507.050 where the offense involves 15
the killing of a peace officer, firefighter, or emergency medical services 16
personnel while the peace officer, firefighter, or emergency medical services 17
personnel was acting in the line of duty; 18
(e) A Class B felony involving criminal attempt to commit murder under KRS 19
506.010 if the victim of the offense is a clearly identifiable peace officer, 20
firefighter, or emergency medical services personnel acting in the line of duty, 21
regardless of whether an injury results; 22
(f) The commission or attempted commission of a felony sexual offense 23
described in KRS Chapter 510; 24
(g) Use of a minor in a sexual performance as described in KRS 531.310; 25
(h) Promoting a sexual performance by a minor as described in KRS 531.320; 26
(i) Unlawful transaction with a minor in the first degree as described in KRS 27 UNOFFICIAL COPY 24 RS BR 1411
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530.064(1)(a); 1
(j) Human trafficking under KRS 529.100 involving commercial sexual activity 2
where the victim is a minor; 3
(k) Criminal abuse in the first degree as described in KRS 508.100; 4
(l) Burglary in the first degree accompanied by the commission or attempted 5
commission of an assault as described in KRS 508.010, 508.020, 508.032, or 6
508.060; 7
(m) Burglary in the first degree accompanied by commission or attempted 8
commission of kidnapping as described in[prohibited by] KRS 509.040; 9
(n) Robbery in the first degree as described in KRS 515.020; or 10
(o) Incest as described in KRS 530.020(3)(a)2. or 3., or (b)[(2)(b) or (c)]. 11
The court shall designate in its judgment if the victim suffered death or serious 12
physical injury. 13
(2) A violent offender who has been convicted of a capital offense and who has 14
received a life sentence [(]and has not been sentenced to twenty-five (25) years 15
without parole or imprisonment for life without benefit of probation or parole[)], or 16
a Class A felony and receives a life sentence, or to death and his or her sentence is 17
commuted to a life sentence shall not be released on probation or parole until he or 18
she has served at least twenty (20) years in the penitentiary. Violent offenders may 19
have a greater minimum parole eligibility date than other offenders who receive 20
longer sentences, including a sentence of life imprisonment. 21
(3) (a) A violent offender who has been convicted of a capital offense or Class A 22
felony with a sentence of a term of years or Class B felony shall not be 23
released on probation or parole until he or she has served at least eighty-five 24
percent (85%) of the sentence imposed. 25
(b) A violent offender who has been convicted of a violation of KRS 507.040 26
where the victim of the offense was clearly identifiable as a peace officer, a 27 UNOFFICIAL COPY 24 RS BR 1411
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firefighter, or emergency medical services personnel, and the victim was 1
acting in the line of duty shall not be released on probation or parole until he 2
or she has served at least eighty-five percent (85%) of the sentence imposed. 3
(c) A violent offender who has been convicted of a violation of KRS 507.040 or 4
507.050 where the victim of the offense was a peace officer, a firefighter, or 5
emergency medical services personnel, and the victim was acting in the line 6
of duty shall not be released on probation or parole until he or she has served 7
at least fifty percent (50%) of the sentence imposed. 8
(d) Any offender who has been convicted of a homicide or fetal homicide offense 9
under KRS Chapter 507 or 507A in which the victim of the offense died as 10
the result of an overdose of a Schedule I controlled substance and who is not 11
otherwise subject to paragraph (a), (b), or (c) of this subsection shall not be 12
released on probation, shock probation, parole, conditional discharge, or other 13
form of early release until he or she has served at least fifty percent (50%) of 14
the sentence imposed. 15
(4) A violent offender shall not be awarded any credit on his or her sentence authorized 16
by KRS 197.045(1)(b)1. In no event shall a violent offender be given credit on his 17
or her sentence if the credit reduces the term of imprisonment to less than eighty-18
five percent (85%) of the sentence. 19
(5) This section shall not apply to a person who has been determined by a court to have 20
been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard 21
to the offenses involving the death of the victim or serious physical injury to the 22
victim. The provisions of this subsection shall not extend to rape in the first degree 23
or sodomy in the first degree by the defendant. 24
(6) This section shall apply only to those persons who commit offenses after July 15, 25
1998. 26
(7) For offenses committed prior to July 15, 1998, the version of this statute in effect 27 UNOFFICIAL COPY 24 RS BR 1411
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immediately prior to that date shall continue to apply. 1
(8) The provisions of subsection (1) of this section extending the definition of "violent 2
offender" to persons convicted of or pleading guilty to robbery in the first degree 3
shall apply only to persons whose crime was committed after July 15, 2002. 4