SEXUAL OFFENSES

KRS tit. L, ch. 510

in effect

KRS 510.010 Definitions for chapter

510.010. Definitions for chapter The following definitions apply in this chapter unless the context otherwise requires: (1) "Adult intermediary" means a person who is eighteen (18) years of age or older and communicates with another for the purpose of procuring or promoting the use of a minor in violation of KRS 510.155; (2) "Course of conduct" means a pattern of conduct composed of two (2) or more acts, evidencing a continuity of purpose; (3) "Deviate sexual intercourse" means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another; or penetration of the anus of one person by any body part or a foreign object manipulated by another person. "Deviate sexual intercourse" does not include penetration of the anus by any body part or a foreign object in the course of the performance of generally recognized health-care practices; (4) "Forcible compulsion" means physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any offense under this chapter. Physical resistance on the part of the victim shall not be necessary to meet this definition; (5) "Foreign object" means anything used in commission of a sexual act other than the person of the actor; (6) "Grooming behavior" means a course of conduct directed at a minor that is intended to establish an emotional connection with a minor through manipulation, trust- building, or influence to: (a) Facilitate future acts of sexual conduct; or (b) Normalize or desensitize the minor to acts of sexual conduct; even if no in-person meeting or act of sexual conduct is completed. This conduct may occur online or in person, through third parties, or by other indirect methods to facilitate the manipulation of a minor; (7) "Individual with an intellectual disability" means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period; (8) "Mental illness" means a diagnostic term that covers many clinical categories, typically including behavioral or psychological symptoms, or both, along with impairment of personal and social function, and specifically defined and clinically interpreted through reference to criteria contained in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of the American Psychiatric Association; (9) "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his or her conduct as a result of the influence of an intoxicating substance administered to him or her without his or her consent or as a result of any other act committed upon him or her without his or her consent; (10) "Physically helpless" means that a person is unconsciou s or for any other reason is physically unable to communicate unwillingness to an act. "Physically helpless" also includes a person who has been rendered unconscious or for any other reason is physically unable to communicate an unwillingness to an act as a result of the influence of a controlled substance or legend drug; (11) "Registrant" has the same meaning as in KRS 17.500; (12) "Sexual conduct" has the same meaning as in KRS 531.010; (13) "Sexual contact" means the touching of a person's intimate parts or the touching of the clothing or other material intended to cover the immediate area of a person's intimate parts, if that touching can be construed by a reasonable person as being done: (a) For the purpose of sexual arousal or gratification of either party; (b) For a sexual purpose; or (c) In a sexual manner for the purpose of: 1. Exacting revenge or retribution; 2. Humiliating or degrading; or 3. Punishment; and (14) "Sexual intercourse" means sexual intercourse in its ordinary sense and includes penetration of the sex organs of one person by any body part or a foreign object manipulated by another person. Sexual intercourse occurs upon any penetration, however slight; emission is not required. "Sexual intercourse" does not include penetration of the sex organ by any body part or a foreign object in the course of the performance of generally recognized health-care practices. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 65, sec. 2, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 34, sec. 2, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 88, sec. 1, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 34, sec. 1, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 123, effective July 12, 2012. -- Amended 2002 Ky. Acts ch. 259, sec. 6, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 401, sec. 4, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 300, sec. 2, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 355, sec. 1 effective July 14, 1992. --Amended 1990 Ky. Acts ch. 448, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 78, sec. 1, effective July 15, 1988; and ch. 283, sec. 9, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 486, sec. 1, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 406, sec. 81.

KRS 510.015 Treatment of third or subsequent misdemeanor under KRS Chapter 510 as Class D felony

510.015. Treatment of third or subsequent misdemeanor under KRS Chapter 510 as Class D felony Unless a higher penalty is otherwise prescribed and notwithstanding any provision of this chapter to the contrary, a person who commits a third or subsequent misdemeanor offense under this chapter, except for violations of KRS 510.150, may be convicted of a Class D felony. If the Commonwealth desires to utilize the provisions of this section, the Commonwealth shall indict the defendant and the case shall be tried in the Circuit Court as a felony case. The jury, or judge if the trial is without a jury, may decline to assess a felony penalty in a case under this section and may convict the defendant of a misdemeanor. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 401, sec. 6, effective July 14, 2000.

KRS 510.020 Lack of consent

510.020. Lack of consent (1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim. (2) Lack of consent results from: (a) Forcible compulsion; (b) Incapacity to consent; or (c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct. (3) A person is deemed incapable of consent when he or she is: (a) Less than sixteen (16) years old; (b) Sixteen (16) or seventeen (17) years old and the actor is at least ten (10) years older than the victim at the time of the sexual act; (c) An individual unable to communicate consent or lack of consent, or unable to understand the nature of the act or its consequences, due to an intellectual disability or a mental illness; (d) Mentally incapacitated; (e) Physically helpless; or (f) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency. (4) The provisions of subsection (3)(f) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between the parties. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 43, sec. 1, effective July 14, 2018; and ch. 109, sec. 7, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 124, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 182, sec. 30, effective July 12, 2006. -- Amended 1988 Ky. Acts ch. 283, sec. 10, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 82, effective January 1, 1975. Legislative Research Commission Note (7/14/2018). This statute was amended by 2018 Ky. Acts chs. 43 and 109, which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 43, sec. 5, provides that 2018 Ky. Acts ch. 43 may be cited as "Jenna's Law." This statute was amended in Section 1 of that Act.

KRS 510.030 Defenses to prosecution based on victim's lack of consent

510.030. Defenses to prosecution based on victim's lack of consent In any prosecution under this chapter in which the victim's lack of consent is based solely on his incapacity to consent because he was less than sixteen (16) years old, an individual with an intellectual disability, mentally incapacitated, or physically helpless, the defendant may prove in exculpation that at the time he engaged in the conduct constituting the offense he did not know of the facts or conditions responsible for such incapacity to consent. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 125, effective July 12, 2012. -- Amended 1988 Ky. Acts ch. 283, sec. 11, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 83, effective January 1, 1975.

KRS 510.035 Exception to KRS 510.020

510.035. Exception to KRS 510.020 A person who engages in sexual intercourse or deviate sexual intercourse with another person to whom the person is married, or subjects another person to whom the person is married to sexual contact, does not commit an offense under this chapter regardless of the person's age solely because the other person is less than sixteen (16) years old or an individual with an intellectual disability. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 126, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 448, sec. 5, effective July 13, 1990.

KRS 510.037 Conviction for rape, sodomy, or sexual abuse or for criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of these crimes triggers application for interpersonal protective order

510.037. Conviction for rape, sodomy, or sexual abuse or for criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of these crimes triggers application for interpersonal protective order The entering of a judgment of conviction for any degree of rape, sodomy, or sexual abuse under this chapter, or for a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse, shall operate as an application for an interpersonal protective order issued under KRS Chapter 456, unless the victim requests otherwise. Notwithstanding the provisions of KRS Chapter 456: (1) An interpersonal protective order requested under this subsection may be issued by the court that entered the judgment of conviction; (2) The judgment of conviction shall constitute sufficient cause for the entry of the order without the necessity of further proof being taken; and (3) The order may be effective for up to ten (10) years, with further renewals in increments of up to ten (10) years. Effective:April 1, 2021 History: Amended 2021 Ky. Acts ch. 175, sec. 2, effective April 1, 2021. -- Created 2015 Ky. Acts ch. 102, sec. 47, effective January 1, 2016.

KRS 510.040 Rape in the first degree

510.040. Rape in the first degree (1) A person is guilty of rape in the first degree when: (a) He engages in sexual intercourse with another person by forcible compulsion; or (b) He engages in sexual intercourse with another person who is incapable of consent because he: 1. Is physically helpless; or 2. Is less than twelve (12) years old. (2) Rape in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 84, effective January 1, 1975.

KRS 510.050 Rape in the second degree

510.050. Rape in the second degree (1) A person is guilty of rape in the second degree when: (a) Being eighteen (18) years old or more, he or she engages in sexual intercourse with another person less than fourteen (14) years old; or (b) He or she engages in sexual intercourse with another person who is mentally incapacitated or who is incapable of consent because he or she is an individual with an intellectual disability. (2) Rape in the second degree is a Class C felony, unless the defendant is a person in a position of authority or position of special trust as those terms are defined in KRS 532.045, in which case it is a Class B felony. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 106, sec. 4, effective July 15, 2024. -- Amended 2018 Ky. Acts ch. 109, sec. 1, effective July 14, 2018. -- Amended 2002 Ky. Acts ch. 259, sec. 3, effective July 15, 2002. -- Created 1974 Ky. Acts ch. 406, sec. 85, effective January 1, 1975.

KRS 510.060 Rape in the third degree

510.060. Rape in the third degree (1) A person is guilty of rape in the third degree when: (a) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old; (b) Being at least ten (10) years older than a person who is sixteen (16) or seventeen (17) years old at the time of sexual intercourse, he or she engages in sexual intercourse with the person; (c) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than eighteen (18) years old and for whom he or she provides a foster family home as defined in KRS 600.020; (d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she engages in sexual intercourse with a minor under eighteen (18) years old with whom he or she comes into contact as a result of that position; (e) Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility as defined in KRS 520.010, or of an entity under contract with either department or a detention facility for the custody, supervision, evaluation, or treatment of offenders, he or she subjects a person who he or she knows is incarcerated, supervised, evaluated, or treated by the Department of Corrections, Department of Juvenile Justice, detention facility, or contracting entity, to sexual intercourse; or (f) Being a peace officer, while serving in his or her official capacity, he or she subjects a person who the officer: 1. Arrested, held in custody, or investigated for commission of a traffic or criminal offense; or 2. Knew or should have known was under arrest, held in custody, or being investigated for commission of a traffic or criminal offense; to sexual intercourse. (2) Rape in the third degree is a Class D felony. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 135, sec. 1, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 43, sec. 3, effective July 14, 2018; and ch. 109, sec. 2, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 127, effective July 12, 2012; and ch. 148, sec. 2, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 26, sec. 1, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 182, sec. 31, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 259, sec. 7, effective July 15, 2002; and ch.282, sec. 1, effective July 15, 2002. -- Amended 1988 Ky. Acts ch. 283, sec. 12, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 86, effective January 1, 1975. Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 43, sec. 5, provides that 2018 Ky. Acts ch. 43 may be cited as "Jenna's Law." This statute was amended in Section 3 of that Act.

KRS 510.070 Sodomy in the first degree

510.070. Sodomy in the first degree (1) A person is guilty of sodomy in the first degree when: (a) He engages in deviate sexual intercourse with another person by forcible compulsion; or (b) He engages in deviate sexual intercourse with another person who is incapable of consent because he: 1. Is physically helpless; or 2. Is less than twelve (12) years old. (2) Sodomy in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 87, effective January 1, 1975.

KRS 510.080 Sodomy in the second degree

510.080. Sodomy in the second degree (1) A person is guilty of sodomy in the second degree when: (a) Being eighteen (18) years old or more, he or she engages in deviate sexual intercourse with another person less than fourteen (14) years old; or (b) He or she engages in deviate sexual intercourse with another person who is mentally incapacitated or who is incapable of consent because he or she is an individual with an intellectual disability. (2) Sodomy in the second degree is a Class C felony, unless the defendant is a person in a position of authority or position of special trust as those terms are defined in KRS 532.045, in which case it is a Class B felony. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 106, sec. 5, effective July 15, 2024. -- Amended 2018 Ky. Acts ch. 109, sec. 3, effective July 14, 2018. -- Amended 2002 Ky. Acts ch. 259, sec. 4, effective July 15, 2002. -- Created 1974 Ky. Acts ch. 406, sec. 88, effective January 1, 1975.

KRS 510.090 Sodomy in the third degree

510.090. Sodomy in the third degree (1) A person is guilty of sodomy in the third degree when: (a) Being twenty-one (21) years old or more, he or she engages in deviate sexual intercourse with another person less than sixteen (16) years old; (b) Being at least ten (10) years older than a person who is sixteen (16) or seventeen (17) years old at the time of deviate sexual intercourse, he or she engages in deviate sexual intercourse with the person; (c) Being twenty-one (21) years old or more, he or she engages in deviate sexual intercourse with another person less than eighteen (18) years old and for whom he or she provides a foster family home as defined in KRS 600.020; (d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she engages in deviate sexual intercourse with a minor less than eighteen (18) years old with whom he or she comes into contact as a result of that position; (e) Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility as defined in KRS 520.010, or of an entity under contract with either department or a detention facility for the custody, supervision, evaluation, or treatment of offenders, he or she subjects a person who he or she knows is incarcerated, supervised, evaluated, or treated by the Department of Corrections, Department of Juvenile Justice, detention facility, or contracting entity, to deviate sexual intercourse; or (f) Being a peace officer, while serving in his or her official capacity, he or she subjects a person who the officer: 1. Arrested, held in custody, or investigated for commission of a traffic or criminal offense; or 2. Knew or should have known was under arrest, held in custody, or being investigated for commission of a traffic or criminal offense; to deviate sexual intercourse. (2) Sodomy in the third degree is a Class D felony. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 135, sec. 2, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 43, sec. 4, effective July 14, 2018; and ch. 109, sec. 4, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 128, effective July 12, 2012; and ch. 148, sec. 3, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 26, sec. 2, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 182, sec. 32, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 259, sec. 8, effective July 15, 2002; and ch. 282, sec. 2, effective July 15, 2002. -- Amended 1988 Ky. Acts ch. 283, sec. 13, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 89, effective January 1, 1975. Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 43, sec. 5, provides that 2018 Ky. Acts ch. 43 may be cited as "Jenna's Law." This statute was amended in Section 4 of that Act.

KRS 510.100 Sodomy in the fourth degree

510.100. Sodomy in the fourth degree (1) A person is guilty of sodomy in the fourth degree when he engages in deviate sexual intercourse with another person of the same sex. (2) Notwithstanding the provisions of KRS 510.020, consent of the other person shall not be a defense under this section, nor shall lack of consent of the other person be an element of this offense. (3) Sodomy in the fourth degree is a Class A misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 90, effective January 1, 1975.

KRS 510.110 Sexual abuse in the first degree

510.110. Sexual abuse in the first degree (1) A person is guilty of sexual abuse in the first degree when: (a) He or she subjects another person to sexual contact by forcible compulsion; or (b) He or she subjects another person to sexual contact who is incapable of consent because he or she: 1. Is physically helpless; 2. Is less than twelve (12) years old; 3. Is mentally incapacitated; or 4. Is an individual with an intellectual disability; or (c) Being twenty-one (21) years old or more, he or she: 1. Subjects another person who is less than sixteen (16) years old to sexual contact; 2. Engages in masturbation in the presence of another person who is less than sixteen (16) years old and knows or has reason to know the other person is present; or 3. Engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than sixteen (16) years old, and the minor can see or hear the person masturbate; or (d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she, regardless of his or her age, subjects a minor who is less than eighteen (18) years old, with whom he or she comes into contact as a result of that position, to sexual contact or engages in masturbation in the presence of the minor and knows or has reason to know the minor is present or engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than sixteen (16) years old, and the minor can see or hear the person masturbate. (2) Sexual abuse in the first degree is a Class D felony, unless the victim is less than twelve (12) years old, in which case the offense shall be a Class C felony. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 109, sec. 5, effective July 14, 2018. -- Amended 2008 Ky. Acts ch. 72, sec. 1, effective July 15, 2008. -- Amended 2006 Ky. Acts ch. 182, sec. 33, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 259, sec. 5, effective July 15, 2002. -- Created 1974 Ky. Acts ch. 406, sec. 91, effective January 1, 1975.

KRS 510.120 Sexual abuse in the second degree

510.120. Sexual abuse in the second degree (1) A person is guilty of sexual abuse in the second degree when: (a) He or she is at least eighteen (18) years old but less than twenty-one (21) years old and subjects another person who is less than sixteen (16) years old to sexual contact; (b) Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility as defined in KRS 520.010, or of an entity under contract with either department or a detention facility for the custody, supervision, evaluation, or treatment of offenders, he or she subjects a person who is at least eighteen (18) years old and who he or she knows is incarcerated, supervised, evaluated, or treated by the Department of Corrections, Department of Juvenile Justice, detention facility, or contracting entity, to sexual contact; or (c) Being a peace officer, while serving in his or her official capacity, he or she subjects a person who the officer: 1. Arrested, held in custody, or investigated for commission of a traffic or criminal offense; or 2. Knew or should have known was under arrest, held in custody, or being investigated for commission of a traffic or criminal offense; to sexual contact. (2) In any prosecution under subsection (1)(a) of this section, it is a defense that: (a) The other person's lack of consent was due solely to incapacity to consent by reason of being less than sixteen (16) years old; and (b) The other person was at least fourteen (14) years old; and (c) The actor was less than five (5) years older than the other person. (3) Sexual abuse in the second degree is a Class A misdemeanor. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 135, sec. 3, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 109, sec. 6, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 129, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 26, sec. 3, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 72, sec. 2, effective July 15, 2008. -- Amended 2006 Ky. Acts ch. 182, sec. 34, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 259, sec. 9, effective July 15, 2002; and ch. 282, sec. 3, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 345, sec. 8, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 283, sec. 14, effective July 15, 1988. --Created 1974 Ky. Acts ch. 406, sec. 92, effective January 1, 1975. Legislative Research Commission Note (7/15/2008). The numbering of subsections in this section has been altered by the Reviser of Statutes from the numbering in 2008 Ky. Acts ch. 72, sec. 2, under the authority of KRS 7.136.

KRS 510.130 Sexual abuse in the third degree

510.130. Sexual abuse in the third degree (1) A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent. (2) In any prosecution under this section, it is a defense that: (a) The other person's lack of consent was due solely to incapacity to consent by reason of being less than sixteen (16) years old; and (b) The other person was at least fourteen (14) years old; and (c) The actor was less than eighteen (18) years old. (3) Sexual abuse in the third degree is a Class B misdemeanor. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 72, sec. 3, effective July 15, 2008. -- Created 1974 Ky. Acts ch. 406, sec. 93, effective January 1, 1975. Legislative Research Commission Note (7/15/2008). The numbering of subsections in this section has been altered by the Reviser of Statutes from the numbering in 2008 Ky. Acts ch. 72, sec. 3, under the authority of KRS 7.136.

KRS 510.140 Sexual misconduct

510.140. Sexual misconduct (1) A person is guilty of sexual misconduct when he engages in sexual intercourse or deviate sexual intercourse with another person without the latter's consent. (2) Sexual misconduct is a Class A misdemeanor. Effective: January 1, 1975 History: 1974 Ky. Acts ch. 406, sec. 94, effective January 1, 1975.

KRS 510.145 Repealed, 1992

510.145. Repealed, 1992 Catchline at repeal: Inadmissibility of evidence of prior sexual conduct or habits of complaining witness -- Exception -- Procedure for admission. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Created 1976 Ky. Acts ch. 144, secs. 1, 2. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 510.148 Indecent exposure in the first degree

510.148. Indecent exposure in the first degree (1) A person is guilty of indecent exposure in the first degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person under the age of eighteen (18) years. (2) Indecent exposure in the first degree is a: (a) Class B misdemeanor for the first offense; (b) Class A misdemeanor for the second offense, if it was committed within three (3) years of the first conviction; (c) Class D felony for the third offense, if it was committed within three (3) years of the second conviction; and (d) Class D felony for any subsequent offense, if it was committed within three (3) years of the prior conviction. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 190, sec. 1, effective July 13, 2004.

KRS 510.150 Indecent exposure in the second degree

510.150. Indecent exposure in the second degree (1) A person is guilty of indecent exposure in the second degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person eighteen (18) years of age or older. (2) Indecent exposure in the second degree is a Class B misdemeanor. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 190, sec. 2, effective July 13, 2004. -- Created 1974 Ky. Acts ch. 406, sec. 95, effective January 1, 1975.

KRS 510.155 Unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities -- Prohibition of multiple convictions arising from single course of conduct -- Solicitation as evidence of intent

510.155. Unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities -- Prohibition of multiple convictions arising from single course of conduct -- Solicitation as evidence of intent (1) It shall be unlawful for any person to knowingly use a communications system, including computers, computer networks, computer bulletin boards, cellular telephones, or any other electronic means, for the purpose of: (a) Procuring or promoting the use of a minor, including a peace officer, or a person working in coordination with law enforcement, posing as a minor if the person believes that the peace officer or the person working in coordination with law enforcement is a minor or is wanton or reckless in that belief; or (b) Procuring or promoting the use of a minor from an adult intermediary, including a peace officer, or a person working in coordination with law enforcement, posing as an adult intermediary for a minor if the person believes that the peace officer or the person working in coordination with law enforcement is an adult intermediary for a minor or is wanton or reckless in that belief; for any activity in violation of KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 529.100 where that offense involves commercial sexual activity, or 530.064(1)(a), or KRS Chapter 531. (2) No person shall be convicted of this offense and an offense specified in KRS 506.010, 506.030, 506.040, or 506.080 for a single course of conduct intended to consummate in the commission of the same offense with the same minor or peace officer. (3) Each day a person knowingly uses a communications system for the purpose of procuring or promoting the use of a minor shall be a separate violation of this section. (4) The solicitation of a minor through electronic communication under subsection (1) of this section shall be prima facie evidence of the person's intent to commit the offense, and the offense is complete at that point without regard to whether the person met or attempted to meet the minor. (5) This section shall apply to electronic communications originating within or received within the Commonwealth. (6) Except as provided in subsection (7) of this section, a violation of this section is punishable as a Class C felony. (7) A violation of this section is punishable as a Class B felony if: (a) The minor or perceived minor procured or promoted is under twelve (12) years old; (b) The offender is a person in a position of authority or position of special trust as those terms are defined in KRS 532.045; (c) The offender is a registrant; (d) A person enters into the Commonwealth from another jurisdiction for the purpose of procuring or promoting the use of a minor or perceived minor in violation of this section; or (e) The minor or perceived minor procured or promoted is for an activity in violation of KRS 529.100 where that offense involves commercial sexual activity. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 106, sec. 6, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 88, sec. 2, effective June 29, 2021. -- Amended 2013 Ky. Acts ch. 41, sec. 4, effective June 25, 2013. -- Amended 2009 Ky. Acts ch. 100, sec. 1, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 19, sec. 12, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 182, sec. 35, effective July 12, 2006. -- Created 2005 Ky. Acts ch. 160, sec. 1, effective June 20, 2005.

KRS 510.160 Grooming a minor

510.160. Grooming a minor (1) A person is guilty of grooming a minor when: (a) Being eighteen (18) years of age or older, he or she engages in grooming behavior directed at a minor who is under fourteen (14) years old with the intent to entice, coerce, solicit, or induce the minor to engage in sexual conduct with the person or another person; or (b) Being a person in a position of authority or position of special trust, as those terms are defined in KRS 532.045, he or she engages in grooming behavior directed at a minor who is under eighteen (18) years old with the intent to: 1. Entice, coerce, solicit, or induce the minor to engage in sexual conduct with the person or another person; or 2. Develop an intimate or secretive relationship with the minor. (2) (a) For a violation of subsection (1)(a) of this section, grooming a minor is a Class A misdemeanor unless the minor is under twelve (12) years old, in which case it is a Class D felony. (b) For a violation of subsection (1)(b) of this section, grooming a minor is a Class D felony unless the minor is under twelve (12) years old, in which case it is a Class C felony. (c) Any sentence imposed on a defendant under this section shall run concurrently with any sentence imposed for an offense specified in this chapter arising from the same course of conduct with the same victim. (3) This section shall not be construed to prevent a person from communicating with a minor for any lawful or legitimate purpose, including but not limited to: (a) Teaching curriculum on human sexuality or sexually transmitted diseases as provided in KRS 158.1415; (b) The use of a traceable communication system by a school district employee or volunteer as provided in KRS 160.145; (c) The diagnosis or treatment of a minor by a health care provider in a health care facility; (d) Communicating with a minor to determine if the minor is dependent, neglected, or abused; (e) Age-appropriate conversations about puberty and human sexuality with a minor by the minor's sibling or parent or guardian; and (f) Any conversation with a minor that is part of a person's job -related or volunteer-related duties. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 65, sec. 1, effective July 15, 2026.

KRS 510.300 Expungement of record

510.300. Expungement of record (1) The arrest record of anyone accused by his spouse of an offense under this chapter shall be expunged if said charge was either dismissed with prejudice or a verdict of not guilty on said charge was entered. (2) If the charges brought against a defendant under this chapter are dismissed with prejudice or the defendant is found not guilty, the court shall order all law enforcement and other public agencies holding records of the offense to expunge the records. (3) No person whose records have been expunged pursuant to this section shall have to answer "Yes" and may answer "No" to the question "Have you ever been arrested?" or any similar question with regard to the offense for which the records were expunged. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 448, sec. 4, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 486, sec. 3, effective July 15, 1986.

KRS 510.310 Repealed, 2000

510.310. Repealed, 2000 Catchline at repeal: Evidence of violation inadmissible in child custody or visitation suit -- Exception. History: Repealed 2000 Ky. Acts ch. 401, sec. 38, effective April 11, 2000. -- Created 1990 Ky. Acts ch. 448, sec. 3, effective July 13, 1990.

KRS 510.320 Human immunodeficiency virus testing for defendants accused of certain sexual offenses -- Results -- Counseling when test positive -- Cost -- Effect of appeal

510.320. Human immunodeficiency virus testing for defendants accused of certain sexual offenses -- Results -- Counseling when test positive -- Cost -- Effect of appeal (1) For purposes of this section, "human immunodeficiency virus test" means a test of an individual for presence of human immunodeficiency virus, or for antibodies or antigens that result from human immunodeficiency virus infection, or for any other substance specifically indicating human immunodeficiency virus infection. (2) A defendant charged with an offense pursuant to this chapter which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified. (3) When a defendant has been convicted of any offense in subsection (2) of this section, other provisions of law to the contrary notwithstanding, the sentencing court, regardless of any prior human immunodeficiency virus test, shall order the defendant to undergo a human immunodeficiency virus test, under the direction of the Cabinet for Health and Family Services. (4) (a) The result of any human immunodeficiency virus test conducted pursuant to this section shall not be a public record for purposes of KRS Chapter 61. (b) The result of any human immunodeficiency virus test conducted pursuant to this section shall only be made available by the Cabinet for Health and Family Services to the victim, or the parent or guardian of a victim who is a minor, an individual with an intellectual disability, or mentally incapacitated, the defendant, the court issuing the order for testing, and to any other agency as directed pursuant to KRS Chapter 214. (c) The Cabinet for Health and Family Services shall immediately provide to the victim the results of any human immunodeficiency virus test conducted under this section. (d) In addition, the Cabinet for Health and Family Services shall provide to the Department of Corrections the result of any human immunodeficiency virus test conducted pursuant to this section which indicates that the defendant is infected with the human immunodeficiency virus. The Department of Corrections shall use this information solely for the purpose of providing medical treatment to the defendant while incarcerated in a state penitentiary or correctional institution or county jail. (5) If the human immunodeficiency virus test indicates the presence of human immunodeficiency virus infection, the Cabinet for Health and Family Services shall provide counseling to the victim and the defendant regarding human immunodeficiency virus disease, and referral for appropriate health-care and support services. (6) The cost of testing under this section shall be paid by the defendant tested, unless the court has determined the defendant to be indigent. (7) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to a human immunodeficiency virus test. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 130, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 656, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 400, sec. 5, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 608, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 389, sec. 1, effective July 14, 1992.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39376Fetched: 10/20/2026