Kentucky
Kentucky Age of Consent Laws: Statutes, Penalties and Reporting
Independently fact-checked against primary sources (last audited September 30, 2026). · 24 primary sources cited on this page. How we verify our legal content
Kentucky's criminal protections run through a consent-incapacity model in KRS 510.020: a person under 16 is deemed incapable of consent, a person 16 or 17 is deemed incapable where the actor is at least ten years older, and, apart from the first-degree offenses against a child under 12, which state no actor age, felony grades for rape, sodomy and sexual abuse depend on the actor's age (18 or older with a person under 14, and 21 or older with a person under 16).
To report a concern: if a child is in immediate danger, call 911. For Kentucky, the Cabinet for Health and Family Services says: "To report child abuse and neglect call toll-free any of the numbers listed below. (877) 597-2331/(877) KYSAFE1 (800) 752-6200." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.
Information last verified on 2026-09-29. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.
This page covers Kentucky's criminal statutes on sexual offenses involving minors. Federal law is summarized on the age of consent laws by state hub.
This page describes the main age-based sexual offense statutes. Other Kentucky statutes also protect minors, and one of them can apply even where none of the offenses described here does.
How Kentucky law protects minors by age
Kentucky's sexual offense statutes work through a consent-incapacity model. Under KRS 510.020(3), a person "is deemed incapable of consent when he or she is" less than 16 years old, or 16 or 17 years old and the actor is at least ten years older than the victim at the time of the sexual act. The felony grades then depend on the age of the actor as well as the age of the person protected. The table summarizes the main offenses, and the sections below describe them.
| Person protected | Condition | Offense | Cite |
|---|---|---|---|
| Under 12 | Any person | Rape or sodomy in the first degree (intercourse or deviate intercourse); sexual abuse in the first degree (contact) | 510.040(1)(b); 510.070(1)(b); 510.110(1)(b) |
| Under 14 | Person 18 or older | Rape or sodomy in the second degree | 510.050(1)(a); 510.080(1)(a) |
| Under 16 | Person 21 or older | Rape or sodomy in the third degree; sexual abuse in the first degree (contact) | 510.060(1)(a); 510.090(1)(a); 510.110(1)(c) |
| Under 16 | Person 18 to 20 (contact) | Sexual abuse in the second degree | 510.120(1)(a) |
| Under 16 | Any person (intercourse without consent) | Sexual misconduct | 510.140 with 510.020(3)(a) |
| 16 or 17 | Person at least ten years older | Rape or sodomy in the third degree | 510.060(1)(b); 510.090(1)(b) |
| Under 18 | Person in a position of authority or position of special trust, regardless of age (for rape, sodomy and sexual abuse, a minor the person comes into contact with as a result of that position) | Rape or sodomy in the third degree; sexual abuse in the first degree; grooming a minor | 510.060(1)(d); 510.090(1)(d); 510.110(1)(d); 510.160(1)(b) |
| Under 18 | Person 21 or older who provides a foster family home for the minor | Rape or sodomy in the third degree | 510.060(1)(c); 510.090(1)(c) |
Children under 12 and under 14
KRS 510.040(1)(b) makes sexual intercourse with a person incapable of consent because the person "is less than twelve (12) years old" rape in the first degree, and KRS 510.070(1)(b) does the same for deviate sexual intercourse (sodomy in the first degree), and KRS 510.110(1)(b) does the same for sexual contact. None of them states a minimum age for the actor. Where the victim is under 12, rape and sodomy in the first degree are Class A felonies and sexual abuse in the first degree is a Class C felony. KRS 510.050(1)(a) and 510.080(1)(a) cover a person "eighteen (18) years old or more" who engages in sexual intercourse or deviate sexual intercourse with a person less than 14. Rape and sodomy in the second degree are Class C felonies, and Class B felonies where the defendant is in a position of authority or position of special trust, under a 2024 amendment described below.
Persons under 16 and 16 and 17
KRS 510.060(1)(a) and 510.090(1)(a) cover a person "twenty-one (21) years old or more" who engages in sexual intercourse or deviate sexual intercourse with a person less than 16, and KRS 510.110(1)(c) applies the same actor age to sexual contact with a person under 16, and to masturbation in the presence of a person under 16 or over an electronic device while communicating with a minor known to be under 16, as that subsection describes. Under KRS 510.060(1)(b) and 510.090(1)(b), a person "at least ten (10) years older than a person who is sixteen (16) or seventeen (17) years old" who engages in intercourse or deviate intercourse with that person commits rape or sodomy in the third degree.
For persons under 16, the actor-age elements in these sections decide the felony grade. They do not remove other conduct from the criminal law. KRS 510.140 provides that 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," and KRS 510.020(3)(a) deems a person under 16 incapable of consent. Read together, intercourse with a person under 16 by an actor whom none of the higher-grade sections covers falls under sexual misconduct, a Class A misdemeanor. The statute text controls.
For sexual contact, KRS 510.120(1)(a) (sexual abuse in the second degree) covers a person at least 18 but less than 21 who subjects a person under 16 to sexual contact, and KRS 510.130 (sexual abuse in the third degree) covers sexual contact without consent. Each of these two sections contains a defense with stated elements:
- KRS 510.120(2) provides that in a prosecution under subsection (1)(a) it is a defense that the other person's lack of consent "was due solely to incapacity to consent by reason of being less than sixteen (16) years old," that the other person "was at least fourteen (14) years old," and that "the actor was less than five (5) years older than the other person."
- KRS 510.130(2) provides a defense on the same first two elements where "the actor was less than eighteen (18) years old."
Both are defenses to the misdemeanor sexual contact offenses only. The intercourse and deviate intercourse offenses in KRS 510.050 through 510.090 and 510.140 contain no corresponding defense.
Positions of authority and special trust
Several provisions extend to any minor under 18 when the actor holds a defined role. KRS 510.060(1)(d) and 510.090(1)(d) cover a person "in a position of authority or position of special trust, as defined in KRS 532.045," who engages in sexual intercourse or deviate sexual intercourse with a minor under 18 "with whom he or she comes into contact as a result of that position." KRS 510.110(1)(d) applies the same relationship to sexual contact and to specified acts of masturbation "regardless of his or her age."
KRS 532.045(1) defines "position of authority" to mean, "but is not limited to," the position occupied by a biological parent, adoptive parent, stepparent, foster parent, relative, household member, adult youth leader, recreational staff or volunteer who is an adult, adult athletic manager, adult coach, teacher, classified school employee, certified school employee, counselor, staff or volunteer for a residential treatment facility or detention facility, staff or volunteer with a youth services organization, religious leader, health-care provider, or employer. A "position of special trust" is "a position occupied by a person in a position of authority who by reason of that position is able to exercise undue influence over the minor."
KRS 510.060(1)(c) and 510.090(1)(c) separately cover a person 21 or older who engages in intercourse or deviate intercourse with a person under 18 for whom the person provides a foster family home.
Other Kentucky offenses that protect minors
- Grooming a minor. KRS 510.160 was created by 2026 Ky. Acts ch. 65, effective July 15, 2026. Under subsection (1)(a), a person 18 or older who engages in "grooming behavior" directed at a minor under 14 with the intent to entice, coerce, solicit or induce the minor to engage in sexual conduct commits the offense. Under subsection (1)(b), a person in a position of authority or position of special trust who engages in grooming behavior directed at a minor under 18, with the same intent or the intent to "develop an intimate or secretive relationship with the minor," commits the offense. The grade is a Class A misdemeanor under (1)(a) (Class D felony if the minor is under 12) and a Class D felony under (1)(b) (Class C felony if the minor is under 12). The section states that it does not prevent communication with a minor for the lawful purposes it lists.
- Electronic inducement. KRS 510.155 makes it unlawful to knowingly use a communications system, including computers and cellular telephones, for the purpose of procuring or promoting the use of a minor for activity in violation of the rape, sodomy and sexual abuse in the first degree statutes, human trafficking involving commercial sexual activity, KRS 530.064(1)(a), or KRS Chapter 531. It is a Class C felony, and a Class B felony in the circumstances listed in subsection (7), including where the offender is in a position of authority or position of special trust. The section states no age requirement for the offender.
- Incest. KRS 530.020 covers sexual intercourse or deviate sexual intercourse with listed relatives, including by adoption and stepparent or stepgrandparent relationships. It is a Class B felony where committed "with a person who is less than eighteen (18) years of age by a person three (3) or more years older," and a Class A felony where the person is less than 12.
- Unlawful transaction with a minor. KRS 530.064 makes it a Class C felony to knowingly induce, assist or cause a minor to engage in illegal sexual activity where the minor is under 18, a Class B felony where the minor is under 16, and a Class A felony where the minor incurs physical injury.
- Indecent exposure. KRS 510.148 makes it indecent exposure in the first degree to intentionally expose one's genitals under circumstances the person knows or should know are likely to cause affront or alarm to a person under 18. It is a Class B misdemeanor for a first offense and rises for repeat offenses within the periods the section sets, up to a Class D felony.
- Human trafficking. KRS 529.100 is a Class A felony where the victim is under 18, and states that where the person is under 18 the commercial sexual activity "need not involve force, fraud, or coercion."
- Sexual performance by a minor. KRS 531.310 (use of a minor in a sexual performance) is a Class C felony where the minor is under 18 and a Class B felony where under 16. KRS 531.335 covers possession or viewing of matter portraying a sexual performance by a minor, and was amended by 2026 Ky. Acts ch. 109, effective July 15, 2026.
Penalties
The offense sections state the class, and KRS 532.060 sets the indeterminate terms. A mandatory fine also applies to felonies under KRS 534.030 (not imposed on a person found indigent). Under KRS 532.060(3), the sentence for any felony in KRS Chapter 510, and for incest and the listed trafficking and sexual performance offenses, includes an additional five-year period of postincarceration supervision.
| Offense | Class | Term as stated |
|---|---|---|
| Rape or sodomy in the first degree (510.040, 510.070) | Class B felony; Class A if the victim is under 12 or receives a serious physical injury | Class B: 10 to 20 years; Class A: 20 to 50 years, or life |
| Rape or sodomy in the second degree (510.050, 510.080) | Class C felony; Class B if the defendant is in a position of authority or special trust | Class C: 5 to 10 years; Class B: 10 to 20 years |
| Rape or sodomy in the third degree (510.060, 510.090) | Class D felony | 1 to 5 years |
| Sexual abuse in the first degree (510.110) | Class D felony; Class C if the victim is under 12 | Class D: 1 to 5 years; Class C: 5 to 10 years |
| Grooming a minor, (1)(b) (510.160) | Class D felony; Class C if the minor is under 12 | Class D: 1 to 5 years; Class C: 5 to 10 years |
| Sexual misconduct (510.140); sexual abuse in the second degree (510.120) | Class A misdemeanor | Up to 12 months; fine up to $500 |
| Sexual abuse in the third degree (510.130) | Class B misdemeanor | Up to 90 days; fine up to $250 |
Under KRS 510.015, a person who commits a third or subsequent misdemeanor offense under KRS Chapter 510, other than KRS 510.150, may be convicted of a Class D felony if the Commonwealth indicts and tries the case as a felony; the jury, or the judge without a jury, may decline to assess a felony penalty.
Sex offender registration
Under KRS 17.500, a "sex crime" includes "a felony offense defined in KRS Chapter 510," and sexual abuse as set forth in KRS 510.120 and 510.130 is listed among the criminal offenses against a victim who is a minor. The same section states that "conduct which is criminal only because of the age of the victim shall not be considered a criminal offense against a victim who is a minor if the perpetrator was under the age of eighteen (18) at the time of the commission of the offense." A registrant is a person 18 or older at the time of the offense, or a youthful offender, who committed a sex crime or a criminal offense against a victim who is a minor.
Under KRS 17.520, registrants register for twenty years following discharge from confinement or the maximum discharge date on probation or other early release, whichever is greater, and lifetime registration applies to defined categories, including rape in the first degree. KRS 17.500 limits "sex crime" to felony offenses in KRS Chapter 510 and the other listed sections, and its list of offenses against a minor names sexual abuse under KRS 510.120 and 510.130 but does not name sexual misconduct (KRS 510.140), a misdemeanor.
Recent changes
- 2026 Ky. Acts ch. 65 (HB 4), effective July 15, 2026. Created KRS 510.160 (grooming a minor) and amended the definitions in KRS 510.010, which now include "grooming behavior."
- 2026 Ky. Acts ch. 109, effective July 15, 2026. Amended KRS 531.335 (possession or viewing of matter portraying a sexual performance by a minor).
- 2025 Ky. Acts ch. 9 (SB 73), effective June 27, 2025. Amended KRS 17.500 (registration definitions) as part of a sexual extortion act.
- 2024 Ky. Acts ch. 106, effective July 15, 2024. Amended KRS 510.050 and 510.080 so that rape and sodomy in the second degree are Class B felonies (instead of Class C) where the defendant is in a position of authority or special trust, and amended KRS 510.155. The age thresholds were unchanged.
The history lines of KRS 510.020, 510.040, 510.060, 510.090, 510.110, 510.120, 510.130 and 510.140 show no amendment after 2021. A complete bill search of the 2026 session could not be run against the legislature's site.
Where to report
If a child is in immediate danger, call 911. The Kentucky Cabinet for Health and Family Services page says: "To report child abuse and neglect call toll-free any of the numbers listed below. (877) 597-2331/(877) KYSAFE1 (800) 752-6200." The national Childhelp hotline and the NCMEC CyberTipline are listed in the box near the top of this page.
Disclaimer
This page is general legal information about Kentucky criminal statutes as verified on 2026-09-29. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Kentucky.
Related articles
Frequently Asked Questions
What does "incapable of consent" mean in the Kentucky statutes?
KRS 510.020(3) provides that a person is deemed incapable of consent when the person is less than 16, or is 16 or 17 and the actor is at least ten years older than the victim at the time of the sexual act. Several offenses in KRS Chapter 510 build on that rule.
Does the age difference in KRS 510.120 or 510.130 apply to intercourse?
No. The defenses in KRS 510.120(2) and 510.130(2) are written for those sections, which concern sexual contact. The intercourse and deviate intercourse offenses in KRS 510.050 through 510.090 and 510.140 contain no corresponding defense.
Who counts as being in a position of authority?
KRS 532.045 defines a position of authority to mean, but not be limited to, roles such as a parent, stepparent, foster parent, relative, household member, coach, teacher, school employee, counselor, religious leader, health-care provider or employer. A position of special trust is a position of authority that lets the person exercise undue influence over the minor.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 510: SEXUAL OFFENSES
§ 510.020Lack of consentIn forcecited in 3 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Talbott v. Commonwealth (Kentucky Supreme Court 1998, 968 S.W.2d 76)“…S [1] Although Christina had reached the age of consent, KRS 510.020(3)(a), and forcible compulsion apparent…”
- Yates v. Commonwealth (Kentucky Supreme Court 2014, 430 S.W.3d 883)“…ent “by forcible compulsion.” KRS 510.040(l)(a); see also KRS 510.020(1) (stating lack of consent is an eleme…”
- Cooper v. Commonwealth (Kentucky Supreme Court 1977, 550 S.W.2d 478)“…to instruct on the meaning of lack of consent as defined in KRS 510.020. Appellant argues that the sodom…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Age of Consent Laws by State: Statutes, Protections and Reporting, Kentucky Sexting Laws: Legal Consequences and Penalties
§ 510.040Rape in the first degreeIn forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 118 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Miller v. Commonwealth (Kentucky Supreme Court 2002, 77 S.W.3d 566)“…either "with a child under the age of 12" (Class A felony, KRS 510.040(1)(b)(2)), or "by force or threat of…”
- Price v. Commonwealth (Kentucky Supreme Court 2000, 31 S.W.3d 885)“…hus did not commit the offense of rape in the first degree. KRS 510.040. Rejecting his version of the shooting,…”
- Love v. Commonwealth (Kentucky Supreme Court 2001, 55 S.W.3d 816)“…f the child is an enhancing element of the offense, e.g., KRS 510.040(2) and KRS 510.070(2). It is a defense…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 510.050Rape in the second degreeIn forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Gary Sweet v. Commonwealth of Kentucky (Kentucky Supreme Court 2025)“…rst degree, it is an element of rape in the second degree. KRS 510.050 states: (1) A person is guilty o…”
- Miller v. Commonwealth (Kentucky Supreme Court 2002, 77 S.W.3d 566)“…anuary 28, 1999, her fourteenth birthday (Class C felonies, KRS 510.050 and KRS 510.080); and 34 counts of thir…”
- Gibbs v. Commonwealth (Kentucky Supreme Court 2006, 208 S.W.3d 848)“…wealth, 962 S.W.2d 870 (Ky.1998). [38] KRS 510.080; KRS 510.050; KRS 510.120; KRS 510.060. [1] Altho…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 510.060Rape in the third degreeIn forcecited in 2 of our articles
(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…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 28 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Miller v. Commonwealth (Kentucky Supreme Court 2009, 283 S.W.3d 690)“…otion for a directed verdict on this charge. We disagree. KRS 510.060 criminalizes third-degree rape. It requ…”
- Hale v. Commonwealth (Kentucky Supreme Court 2013, 396 S.W.3d 841)“…s, of course, also criminalize sexual activity with minors. KRS 510.060(l)(b), the third-degree rape statute, m…”
- Yates v. Commonwealth (Kentucky Supreme Court 2014, 430 S.W.3d 883)“…is always a crime and is at least third-degree rape. See KRS 510.060. But if, as argued by the Commonwealth,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 510.070Sodomy in the first degreeIn force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
§ 510.110Sexual abuse in the first degreeIn forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 141 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Mash v. Commonwealth (Kentucky Supreme Court 2012, 376 S.W.3d 548)“…ed offense of sexual abuse in the first degree. Pursuant to KRS 510.110(1), “[a] person is guilty of sexual abu…”
- Combs v. Commonwealth (Kentucky Supreme Court 2006, 198 S.W.3d 574)“…in the first degree (“sexual abuse 1st”), a Class D felony, KRS 510.110(l)(b)2 & (2). The trial court entered j…”
- Gibbs v. Commonwealth (Kentucky Supreme Court 2006, 208 S.W.3d 848)“…mith's hand and placed it on his pants where his penis was. KRS 510.110(1) states that: *856 A person is g…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 510.140Sexual misconductIn forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Payne v. Commonwealth (Kentucky Supreme Court 1981, 623 S.W.2d 867)“…g KRS 510.-140 as follows: “But the basic purpose of KRS 510.140 is to preserve the concept of statutory…”
- Murphy v. Commonwealth (Kentucky Supreme Court 2017, 509 S.W.3d 34)“…nent ages at the time of the alleged offenses. Accordingly, KRS 510.140 was inapplicable and the trial court pr…”
- Deno v. Commonwealth (Kentucky Supreme Court 2005, 177 S.W.3d 753)“…ument that the commentary of the sexual misconduct statute, KRS 510.140, states that it is intended to apply on…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 510.010Definitions for chapterIn forcecited in 2 of our articles
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 163 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Miller v. Commonwealth (Kentucky Supreme Court 2002, 77 S.W.3d 566)“…emise of what is sometimes referred to as "statutory rape." KRS 510.010(2) defines "forcible compulsion" as "ph…”
- Murphy v. Commonwealth (Kentucky Supreme Court 2017, 509 S.W.3d 34)“…another person to sexual contact by forcible compulsion[.]” KRS 510.010(2) defines “forcible compulsion” as “ph…”
- Mash v. Commonwealth (Kentucky Supreme Court 2012, 376 S.W.3d 548)“…e purpose of gratifying the sexual desire of either party.” KRS 510.010(7). Because there is no evidence in thi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Statute of Limitations: Filing Deadlines by Case Type
§ 510.080Sodomy in the second degreeIn force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Miller v. Commonwealth (Kentucky Supreme Court 2002, 77 S.W.3d 566)“…her fourteenth birthday (Class C felonies, KRS 510.050 and KRS 510.080); and 34 counts of third-degree rape an…”
- Dickerson v. Commonwealth (Kentucky Supreme Court 2005, 174 S.W.3d 451)“…twelve and fourteen years of age or mentally incapacitated, KRS 510.080; and one count of sexual abuse 1st. He…”
- Sanderson v. Commonwealth (Kentucky Supreme Court 2009, 291 S.W.3d 610)“…e. NOTES [1] Second-Degree Sodomy is a Class C felony. KRS 510.080(2). [2] First-Degree Sexual Abuse is…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 510.090Sodomy in the third degreeIn force
(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,…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Miller v. Commonwealth (Kentucky Supreme Court 2002, 77 S.W.3d 566)“…n January 28, 1999 and September 1, 1999 (Class D felonies, KRS 510.090). Perhaps, it was assumed that the ju…”
- Buckler v. Commonwealth (Court of Appeals of Kentucky 2016, 515 S.W.3d 670)“…n facility for the custody, supervision ...of offenders!.]” KRS 510.090(1)(e). Therefore, he could not be guilt…”
- Kays v. Commonwealth (Court of Appeals of Kentucky 2016, 505 S.W.3d 260)“…sed Statutes (KRS) 510.060(l)(b), a Class D felony. . KRS 510.090(l)(b), a Class D felony. .To prot…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 510.120Sexual abuse in the second degreeIn forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 23 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Quist v. Commonwealth (Court of Appeals of Kentucky 2010, 338 S.W.3d 778)“…Commonwealth, 103 S.W.3d 90, 94 (Ky.2003). KRS 510.120 defines sexual abuse 2nd, as it existed…”
- Clark v. Commonwealth (Kentucky Supreme Court 2007, 223 S.W.3d 90)“…t. [3] See Kentucky Revised Statutes (KRS) 510.110(1); KRS 510.120(1); Tungate v. Commonwealth, 901 S.…”
- Reed v. Commonwealth (Kentucky Supreme Court 1987, 738 S.W.2d 818)“…o give an instruction on sexual abuse in the second degree. KRS 510.120. The Commonwealth argues lack of preser…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 510.130Sexual abuse in the third degreeIn forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Hillard v. Commonwealth (Kentucky Supreme Court 2005, 158 S.W.3d 758)“…egree. However, the conduct described by A.W. did violate KRS 510.130(1), which provides that a person commit…”
- Hale v. Commonwealth (Kentucky Supreme Court 2013, 396 S.W.3d 841)“…urse with another person less than sixteen (16) years old.” KRS 510.130, the third-degree sexual abuse statute,…”
- Turney v. Commonwealth (Court of Appeals of Kentucky 2004, 159 S.W.3d 818)“…support his conviction of sexual abuse in the third degree. KRS 510.130. Our determination is focused on whethe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 510.155Unlawful 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 intentIn force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Filzek v. Commonwealth (Court of Appeals of Kentucky 2009, 309 S.W.3d 790)“…ive years’ imprisonment. On appeal, Filzek argues that: (1) KRS 510.155 is unconstitutional; and (2) the multip…”
- Caraway v. Commonwealth (Kentucky Supreme Court 2015, 459 S.W.3d 849)“…nic means to induce a minor to engage in sexual activities, KRS 510.155. One of the sodomy counts, both unlawfu…”
- Nathan Brock v. Commonwealth of Kentucky (Court of Appeals of Kentucky 2026)“…duce a Minor to Engage in Sexual Activities is codified at KRS 510.155, which provides, in relevant part:…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 510.160Grooming a minorIn force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Kentucky Revised Statutes, Chapter 529: PROSTITUTION OFFENSES
§ 529.100Human traffickingIn force
(1) A person is guilty of human trafficking when the person intentionally subjects one (1) or more persons to engage in: (a) Forced labor or services; or (b) Commercial sexual activity through the use of force, fraud, or coercion, except that if the person is under the age of eighteen (18), the commercial sexual activity need not involve force, fraud, or coercion. (2) Human trafficking is a Class B felony unless the victim of human trafficking is under eighteen (18) years of age, in which case it is a Class A felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Benet v. Commonwealth (Kentucky Supreme Court 2008, 253 S.W.3d 528)“…in KRS 530.064(l)(a); (h) Human trafficking under KRS 529.100 involving commercial sexual activity wh…”
- Ladriere v. Commonwealth (Kentucky Supreme Court 2010, 329 S.W.3d 278)“…500(8) but also include one other — a felony offense under KRS 529.100 involving commercial sexual activity. S…”
- Moffitt v. Commonwealth (Court of Appeals of Kentucky 2012, 360 S.W.3d 247)“…cking involving commercial sexual activity, as set forth in KRS 529.100; 6. Promoting prostitution, as set fo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Kentucky Revised Statutes, Chapter 530: FAMILY OFFENSES
§ 530.020IncestIn force
(1) A person is guilty of incest when he or she has sexual intercourse or deviate sexual intercourse, as defined in KRS 510.010, with a person whom he or she knows to be his or her parent, child, grandparent, grandchild, great-grandparent, great- grandchild, uncle, aunt, nephew, niece, brother, sister, first cousin, ancestor, or descendant. The relationships referred to herein include blood relationships of either the whole or half blood without regard to legitimacy, relationship of parent and child by adoption, relationship of stepparent and stepchild, and relationship of stepgrandparent and stepgrandchild. (2) (a) Incest is a Class C felony if the act is committed by consenting persons. (b) Incest is a Class B felony if committed: 1. With a person without his or her consent; 2. By forcible compulsion as defined in KRS 510.010; or 3. With a person who is: a. Less than eighteen (18) years of age by a person three (3) or more years older; or b. Incapable of consent because he or she is physically helpless or mentally incapacitated as defined in KRS 510.010. (c) Incest is a Class A felony if committed: 1. With a person who is less than twelve (12) years of age; or 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 59 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Anderson v. Commonwealth (Kentucky Supreme Court 2001, 63 S.W.3d 135)“…spiracy to commit an offense defined in KRS Chapter 510, or KRS 530.020, reputation or opinion evidence related…”
- F. v. Brown (Kentucky Supreme Court 2010, 306 S.W.3d 80)“…ffective date] of a felony offense under KRS Chapter 510 or KRS 530.020.” In 2001, the Court of Appeals…”
- Miller v. Commonwealth (Kentucky Supreme Court 2013, 391 S.W.3d 857)“…as: (a) A felony offense defined in KRS Chapter' 510, or KRS 530.020, 5S0.06M1Xa), 531.310, or 531.320; [o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 530.064Unlawful transaction with a minor in the first degreeIn force
(1) A person is guilty of unlawful transaction with a minor in the first degree when he or she knowingly induces, assists, or causes a minor to engage in: (a) Illegal sexual activity; or (b) Illegal controlled substances activity other than activity involving marijuana or salvia, as defined in KRS 218A.010; Except those offenses involving minors in KRS Chapter 531 and in KRS 529.100 where that offense involves commercial sexual activity. (2) Unlawful transaction with a minor in the first degree is a: (a) Class C felony if the minor so used is less than eighteen (18) years old at the time the minor engages in the prohibited activity; (b) Class B felony if the minor so used is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and (c) Class A felony if the minor so used incurs physical injury thereby.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 37 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Combs v. Commonwealth (Kentucky Supreme Court 2006, 198 S.W.3d 574)“…lony because the victim was less than sixteen years of age, KRS 530.064(1), (2)(b), and one count of sexual abu…”
- Williams v. Commonwealth (Kentucky Supreme Court 2005, 178 S.W.3d 491)“…s used in the offense of unlawful transaction with a minor, KRS 530.064(1), and as mentioned in Young,…”
- Young v. Commonwealth (Kentucky Supreme Court 1998, 968 S.W.2d 670)“…lawful Transaction with a Minor in the First Degree. KRS 530.064(1) describes the underlying offense as…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Kentucky Revised Statutes, Chapter 531: PORNOGRAPHY
§ 531.310Use of a minor in a sexual performanceIn forcecited in 5 of our articles
(1) A person is guilty of the use of a minor in a sexual performance if he employs, consents to, authorizes or induces a minor to engage in a sexual performance. (2) Use of a minor in a sexual performance is: (a) A Class C felony if the minor so used is less than eighteen (18) years old at the time the minor engages in the prohibited activity; (b) A Class B felony if the minor so used is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and (c) A Class A felony if the minor so used incurs physical injury thereby.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 42 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Payne v. Commonwealth (Kentucky Supreme Court 1981, 623 S.W.2d 867)“…and twenty counts of using a minor in a sexual performance (KRS 531.310). The acts giving rise to this indictme…”
- Purcell v. Commonwealth (Kentucky Supreme Court 2004, 149 S.W.3d 382)“…973 S.W.2d 70, 75 (1998), a case alleging a violation of KRS 531.310 (use of a minor in a sexual performance…”
- Clark v. Commonwealth (Kentucky Supreme Court 2008, 267 S.W.3d 668)“…his convictions for use of a minor in a sexual performance, KRS 531.310, and promotion of a sexual performance…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky AI Laws and Regulation (2026), Kentucky Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)
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Sources and References
- KRS 510.010 (Definitions for chapter)(apps.legislature.ky.gov).gov
- KRS 510.020 (Lack of consent)(apps.legislature.ky.gov).gov
- KRS 510.040 (Rape in the first degree)(apps.legislature.ky.gov).gov
- KRS 510.050 (Rape in the second degree)(apps.legislature.ky.gov).gov
- KRS 510.060 (Rape in the third degree)(apps.legislature.ky.gov).gov
- KRS 510.080 (Sodomy in the second degree)(apps.legislature.ky.gov).gov
- KRS 510.090 (Sodomy in the third degree)(apps.legislature.ky.gov).gov
- KRS 510.110 (Sexual abuse in the first degree)(apps.legislature.ky.gov).gov
- KRS 510.120 (Sexual abuse in the second degree)(apps.legislature.ky.gov).gov
- KRS 510.130 (Sexual abuse in the third degree)(apps.legislature.ky.gov).gov
- KRS 510.140 (Sexual misconduct)(apps.legislature.ky.gov).gov
- KRS 510.155 (Unlawful use of electronic means to induce a minor)(apps.legislature.ky.gov).gov
- KRS 510.160 (Grooming a minor)(apps.legislature.ky.gov).gov
- KRS 530.020 (Incest)(apps.legislature.ky.gov).gov
- KRS 530.064 (Unlawful transaction with a minor in the first degree)(apps.legislature.ky.gov).gov
- KRS 529.100 (Human trafficking)(apps.legislature.ky.gov).gov
- KRS 531.310 (Use of a minor in a sexual performance)(apps.legislature.ky.gov).gov
- KRS 531.335 (Possession or viewing of matter portraying a sexual performance by a minor)(apps.legislature.ky.gov).gov
- KRS 532.045 (Position of authority; position of special trust)(apps.legislature.ky.gov).gov
- KRS 17.500 (Sex offender registration definitions)(apps.legislature.ky.gov).gov
- KRS 510.015 (Third or subsequent misdemeanor)(apps.legislature.ky.gov).gov
- Kentucky Cabinet for Health and Family Services: Child Protection reporting(www.chfs.ky.gov).gov
- KRS 510.070(1)(b)(apps.legislature.ky.gov).gov
- KRS 510.148(apps.legislature.ky.gov).gov