Kentucky Statutes 510.080 – Sodomy in the second degree
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(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
For details, see § 532.060
(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.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 109, sec. 3, effective July 14, 2018. — Amended
2002 Ky. Acts ch. 259, sec. 4, effective July 15, 2002. — Created 1974 Ky. Acts ch.
406, sec. 88, effective January 1, 1975.
(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
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 510.080
- Deviate sexual intercourse: means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another. See Kentucky Statutes 510.010
- Individual with an intellectual disability: means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, as defined in KRS Chapter 202B. See Kentucky Statutes 510.010
- Mentally incapacitated: means that a person is rendered temporarily incapable of appraising or controlling his or her conduct as a result of the influence of an intoxicating substance administered to him or her without his or her consent or as a result of any other act committed upon him or her without his or her consent. See Kentucky Statutes 510.010
- Sexual intercourse: means sexual intercourse in its ordinary sense and includes
penetration of the sex organs of one person by any body part or a foreign object manipulated by another person. See Kentucky Statutes 510.010
(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.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 109, sec. 3, effective July 14, 2018. — Amended
2002 Ky. Acts ch. 259, sec. 4, effective July 15, 2002. — Created 1974 Ky. Acts ch.
406, sec. 88, effective January 1, 1975.