UNOFFICIAL COPY 24 RS BR 1930 Page 1 of 1 XXXX 2/20/2024 4:26 PM Jacketed AN ACT relating to sex crimes. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 510.040 is amended to read as follows: 3 (1) A person is guilty of rape in the first degree when: 4 (a) He engages in sexual intercourse with another person by forcible compulsion; 5 or 6 (b) He engages in sexual intercourse with another person who is incapable of 7 consent because he: 8 1. Is physically helpless; or 9 2. Is less than twelve (12) years old. 10 (2) Rape in the first degree is a[ Class B felony unless the victim is under twelve (12) 11 years old or receives a serious physical injury in which case it is a] Class A felony. 12 Section 2. KRS 510.070 is amended to read as follows: 13 (1) A person is guilty of sodomy in the first degree when: 14 (a) He engages in deviate sexual intercourse with another person by forcible 15 compulsion; or 16 (b) He engages in deviate sexual intercourse with another person who is 17 incapable of consent because he: 18 1. Is physically helpless; or 19 2. Is less than twelve (12) years old. 20 (2) Sodomy in the first degree is a[ Class B felony unless the victim is under twelve 21 (12) years old or receives a serious physical injury in which case it is a] Class A 22 felony. 23