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

Asked about 1 year ago - 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)

  1. Frank Mascagni III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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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