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Sex Offender Laws in Kentucky

Kentucky was constituted as a commonwealth. The state is nicknamed Bluegrass state, after the bluegrass found in its pastures. Kentucky is home to some state parks, a couple of National Wildlife Refuges, National Historic Parks, National Forests, and National Recreation Areas. The state also has the largest cave system in the world. Kentucky produces around 95 percent of the global supply of bourbon whiskey. Major cities in the state include Louisville, Frankfurt, and Lexington.

Sex Offender Laws in Kentucky

First Degree Rape
A person is convicted of first-degree rape if it is proved that they:

  • Had sexual intercourse with a person by forcible compulsion.
  • Had sexual intercourse with an individual who cannot consent because either: a)-they were younger than 12 or b)-were physically helpless.

*Forcible compulsion is defined as the use of or a threat to use physical force by the accused to harm the victim or a third person.

*Physical helplessness is defined as the person’s inability to communicate unwillingness.

Punishment
If convicted of first-degree rape, the accused can face:

  • 10-20 years in jail.
  • 20-50 years in jail or life imprisonment, if

            a)-the victim was not yet 12 years old at the time of the crime, or b)- the victim suffered Grievous physical injuries.

Kentucky Sex Offender Laws

Second Degree Rape
A person who is 18 or older is convicted of second-degree rape if it is proved that they:

  • Had sexual intercourse with an individual younger than 14
  • Had sexual intercourse with a mentally incapacitated person.

Punishment
In Kentucky, second-degree rape is a Class C felony punishable by 5-10 years in prison.

Third Degree Rape
A person is convicted of third-degree rape if it is proved that:

  • They had sexual intercourse with a person with an intellectual disability
  • They were either 21 years old or older at the time of the crime, and the victim was younger than 16
  • They were either 21 years old or older at the time of the crime, and the victim was 18 and was placed in foster care with them.
  • They held a position of authority or trust and had sexual intercourse with a minor whom they met through the position.

*Intellectual disability is defined as a person’s inability to adapt and function as a human being With normal intellect.

 

Punishment
Third-degree rape is a Class D felony punishable by 1-5 years in prison.

First Degree Sodomy
A person is accused of sodomy if it is proved that they:

  • Had to deviate sexual intercourse with the victim by compulsion.
  • Had to deviate intercourse with someone who is not in a position to consent because they were either a)-under 12 years or b)-physically helpless.

*Deviate sexual intercourse is defined as an act of sexual gratification involving the mouth or anus of one person and sexual organs of another, or penetration of a person’s anus with a foreign object.

Punishment
First-degree sodomy is a Class B felony. However, it becomes a Class A felony, if:

  • The victim was physically incapacitated or
  • Was younger than 12 at the time of the crime.
Sex Offender Laws Kentucky

Second Degree Sodomy
A person is convicted of second-degree sodomy if it is proved that they:

  • Were 18 or older at the time of the crime and had to deviate sexual intercourse with a person younger than 14.
  • Had to deviate sexual intercourse with a mentally incapacitated person.

Punishment
Second-degree sodomy is a Class C felony.

Third Degree Sodomy
A person is convicted of third-degree sodomy if it is proved that they:

  • Were 21 or older and had to deviate sexual intercourse with a person younger than 16.
  • Had sexual intercourse with a person who was unable to provide consent due to an intellectual disability.
  • Were 21 or older and had to deviate sexual intercourse with a person younger than 18 placed in foster care with them.
  • Held a position of authority and trust and had to deviate sexual intercourse with a minor, whom they met through their position.

Punishment
Third-degree sodomy is a Class D felony.

Sexual Misconduct
The state of Kentucky defines sexual misconduct as forcing a person to have sexual intercourse or deviate sexual intercourse.

Punishment
Sexual misconduct is a Class A felony.