Kentucky Statutes 510.120 – Sexual abuse in the second degree
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(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;
For details, see § 532.090
(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. Knew or should have known was under arrest, held in custody, or being investigated for commission of a traffic or criminal offense;
to sexual contact.
(2) In any prosecution under subsection (1)(a) of 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 five (5) years older than the other person. (3) Sexual abuse in the second degree is a Class A misdemeanor.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 135, sec. 3, effective June 29, 2021. — Amended
2018 Ky. Acts ch. 109, sec. 6, effective July 14, 2018. — Amended 2012 Ky. Acts ch.
146, sec. 129, effective July 12, 2012. — Amended 2010 Ky. Acts ch. 26, sec. 3, effective July 15, 2010. — Amended 2008 Ky. Acts ch. 72, sec. 2, effective July 15,
2008. — Amended 2006 Ky. Acts ch. 182, sec. 34, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 259, sec. 9, effective July 15, 2002; and ch. 282, sec. 3, effective July 15, 2002. — Amended 2000 Ky. Acts ch. 345, sec. 8, effective July 14,
2000. — Amended 1988 Ky. Acts ch. 283, sec. 14, effective July 15, 1988. –Created
1974 Ky. Acts ch. 406, sec. 92, effective January 1, 1975.
Legislative Research Commission Note (7/15/2008). The numbering of subsections in this section has been altered by the Reviser of Statutes from the numbering in 2008
Ky. Acts ch. 72, sec. 2, under the authority of KRS § 7.136.
(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;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 510.120
- Arrest: Taking physical custody of a person by lawful authority.
- Contract: A legal written agreement that becomes binding when signed.
- Sexual contact: means the touching of a person's intimate parts or the touching of the clothing or other material intended to cover the immediate area of a person's intimate parts, if that touching can be construed by a reasonable person as being done:
(a) For the purpose of sexual arousal or gratification of either party. See Kentucky Statutes 510.010 - Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(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. Knew or should have known was under arrest, held in custody, or being investigated for commission of a traffic or criminal offense;
to sexual contact.
(2) In any prosecution under subsection (1)(a) of 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 five (5) years older than the other person. (3) Sexual abuse in the second degree is a Class A misdemeanor.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 135, sec. 3, effective June 29, 2021. — Amended
2018 Ky. Acts ch. 109, sec. 6, effective July 14, 2018. — Amended 2012 Ky. Acts ch.
146, sec. 129, effective July 12, 2012. — Amended 2010 Ky. Acts ch. 26, sec. 3, effective July 15, 2010. — Amended 2008 Ky. Acts ch. 72, sec. 2, effective July 15,
2008. — Amended 2006 Ky. Acts ch. 182, sec. 34, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 259, sec. 9, effective July 15, 2002; and ch. 282, sec. 3, effective July 15, 2002. — Amended 2000 Ky. Acts ch. 345, sec. 8, effective July 14,
2000. — Amended 1988 Ky. Acts ch. 283, sec. 14, effective July 15, 1988. –Created
1974 Ky. Acts ch. 406, sec. 92, effective January 1, 1975.
Legislative Research Commission Note (7/15/2008). The numbering of subsections in this section has been altered by the Reviser of Statutes from the numbering in 2008
Ky. Acts ch. 72, sec. 2, under the authority of KRS § 7.136.