In Kentucky, is it legal for two men, one fifteen years of age and the other eighteen, to engage in any sort of sexual action?

Asked 12 months ago - Horse Cave, KY

Criminal law

Attorney answers (4)

  1. Frank Mascagni III

    Contributor Level 20

    5

    Lawyers agree

    Answered . The age of consent in KY is 16:

    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.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  2. Peter Christian Komar

    Contributor Level 14

    2

    Lawyers agree

    Answered . I would contact a local attorney you help you out,

  3. Kevin Keith McKain

    Contributor Level 10

    2

    Lawyers agree

    Answered . Yes.

  4. Stephen Ross Cohen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . A 15 year old is not a man yet and the 18 year old might find himself engaging in a lot more sex with fellow inmates, if you catch my drift.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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