Can a 20 year old be eligible for shock probation if convicted of class c felony rape. The age of the victim was 13.
Criminal Defense Attorney
Rape (class C felony) is governed by :
KRS 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.
Shock Probation is governed by KRS 439.265:
439.265. Shock probation in felony conviction - Procedure - Availability for violent offenders and sexual offenders - Comprehensive sex offender presentence evaluation - Exercise of authority. image description
Kentucky Revised Statutes
Title 40. CRIMES AND PUNISHMENTS
Chapter 439. PROBATION AND PAROLE
Current through 2013 Ky. Acts ch. 134
§ 439.265. Shock probation in felony conviction - Procedure - Availability for violent offenders and sexual offenders - Comprehensive sex offender presentence evaluation - Exercise of authority
(1) Subject to the provisions of KRS Chapter 439 and Chapters 500 to 534, any Circuit Court may, upon motion of the defendant made not earlier than thirty (30) days nor later than one hundred eighty (180) days after the defendant has been incarcerated in a county jail following his conviction and sentencing pending delivery to the institution to which he has been sentenced, or delivered to the keeper of the institution to which he has been sentenced, suspend the further execution of the sentence and place the defendant on probation upon terms the court determines. Time spent on any form of release following conviction shall not count toward time required under this section.
(2) The court shall consider any motion filed in accordance with subsection (1) of this section within sixty (60) days of the filing date of that motion, and shall enter its ruling within ten (10) days after considering the motion. The defendant may, in the discretion of the trial court, have the right to a hearing on any motion he may file, or have filed for him, that would suspend further execution of sentence. Any court order granting or denying a motion to suspend further execution of sentence is not reviewable.
(a) During the period in which the defendant may file a motion pursuant to this statute, the sentencing judge, within his or her discretion, may order that the defendant be held in a local detention facility that is not at or above maximum capacity until such time as the court rules on said motion. During this period of detention, and prior to the court's ruling on said motion, the court may require the defendant to participate in any approved community work program or other forms of work release. Persons held in the county jail pursuant to this subsection shall not be subject to transfer to a state correctional facility until the decision is made not to place the petitioner on shock probation.
(b) The provisions concerning community work programs or other forms of work release shall apply only to persons convicted of Class C or Class D felonies, and may be granted only after a hearing at which the Commonwealth's attorney has the opportunity to present arguments in favor or opposition thereto.
(4) If the defendant is a violent offender as defined in KRS 439.3401, the sentence shall not be probated under this section.
(5) If the defendant has been convicted of an offense under KRS 510.050, 510.080, 530.020, 530.064(1)(a), or 531.310, or criminal attempt to commit any of these offenses under KRS 506.010, the sentence shall not be suspended, in accordance with KRS 532.045.
(6) When a defendant has been convicted of a
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