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"In reviewing Kentucky law, the age of consent for a woman to have sex is 16. What year did this become law?"

Frankfort, KY |

If a man was either 18 or 19 and he had sex one time with a girl who was 17 years of age (sometime between 1982-1984), is it considered 1st or 2nd degree statutory rape?

Attorney Answers 1

Posted

THE RAPE I STATUTE HAS BEEN IN EFFECT SINCE 1-1-1975:

Kentucky Revised Statutes
Title 50. KENTUCKY PENAL CODE
Chapter 510. SEXUAL OFFENSES
Current through 2013 Ky. Acts ch. 134
§ 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.
Cite as KRS 510.040

History. Effective: January 1, 1975
Created 1974 Ky. Acts ch. 406, sec. 84, effective January 1, 1975.
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Kentucky Revised Statutes
Title 50. KENTUCKY PENAL CODE
Chapter 510. SEXUAL OFFENSES
Current through 2013 Ky. Acts ch. 134
§ 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 engages in sexual intercourse with another person less than fourteen (14) years old; or
(b) He engages in sexual intercourse with another person who is mentally incapacitated.
(2) Rape in the second degree is a Class C felony.
Cite as KRS 510.050

History. Effective: July 15, 2002
Amended 2002, Ky. Acts ch. 259, sec. 3, effective July 15, 2002. -- Created 1974 Ky. Acts ch. 406, sec. 85, effective January 1, 1975.
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Rape III has been amended :

§ 510.060. Rape in the third degree.
Kentucky Revised Statutes
Title 50. KENTUCKY PENAL CODE
Chapter 510. SEXUAL OFFENSES
Current through 2013 Ky. Acts ch. 134
§ 510.060. Rape in the third degree

(1) A person is guilty of rape in the third degree when:
(a) He or she engages in sexual intercourse with another person who is incapable of consent because he or she is an individual with an intellectual disability;
(b) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old;
(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; or
(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.
(2) Rape in the third degree is a Class D felony.
Cite as KRS 510.060

History. Amended by 2012 Ky. Acts ch. 148, § 2, eff. 7/11/2012.

Amended by 2012 Ky. Acts ch. 146, § 127, eff. 7/11/2012.

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.
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I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Frank Mascagni III

Frank Mascagni III

Posted

Title 50. KENTUCKY PENAL CODE Chapter 510. SEXUAL OFFENSES Current through 2013 Ky. Acts ch. 134 § 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) An individual with an intellectual disability or an individual that suffers from a mental illness; (c) Mentally incapacitated; (d) Physically helpless; or (e) 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)(e) 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. Cite as KRS 510.020 History. Amended by 2012 Ky. Acts ch. 146, § 124, eff. 7/11/2012. 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.

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