Kentucky Statutes 510.090 – Sodomy in the third degree
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(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;
For details, see § 532.060
(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, supervision, evaluation, or treatment of offenders, he or she subjects a person 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 deviate sexual intercourse; or
(f) 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 deviate sexual intercourse.
(2) Sodomy in the third degree is a Class D felony.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 135, sec. 2, effective June 29, 2021. — Amended
2018 Ky. Acts ch. 43, sec. 4, effective July 14, 2018; and ch. 109, sec. 4, effective July 14, 2018. — Amended 2012 Ky. Acts ch. 146, sec. 128, effective July 12, 2012; and ch. 148, sec. 3, effective July 12, 2012. — Amended 2010 Ky. Acts ch. 26, sec. 2, effective July 15, 2010. — Amended 2006 Ky. Acts ch. 182, sec. 32, effective July
12, 2006. — Amended 2002 Ky. Acts ch. 259, sec. 8, effective July 15, 2002; and ch.
282, sec. 2, effective July 15, 2002. — Amended 1988 Ky. Acts ch. 283, sec. 13, effective July 15, 1988. — Created 1974 Ky. Acts ch. 406, sec. 89, effective January
1, 1975.
Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 43, sec. 5, provides that 2018 Ky. Acts ch. 43 may be cited as “Jenna’s Law.” This statute was amended in Section 4 of that Act.
(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;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 510.090
- Arrest: Taking physical custody of a person by lawful authority.
- Contract: A legal written agreement that becomes binding when signed.
- 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
- 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 - Statute: A law passed by a legislature.
- 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 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, supervision, evaluation, or treatment of offenders, he or she subjects a person 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 deviate sexual intercourse; or
(f) 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 deviate sexual intercourse.
(2) Sodomy in the third degree is a Class D felony.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 135, sec. 2, effective June 29, 2021. — Amended
2018 Ky. Acts ch. 43, sec. 4, effective July 14, 2018; and ch. 109, sec. 4, effective July 14, 2018. — Amended 2012 Ky. Acts ch. 146, sec. 128, effective July 12, 2012; and ch. 148, sec. 3, effective July 12, 2012. — Amended 2010 Ky. Acts ch. 26, sec. 2, effective July 15, 2010. — Amended 2006 Ky. Acts ch. 182, sec. 32, effective July
12, 2006. — Amended 2002 Ky. Acts ch. 259, sec. 8, effective July 15, 2002; and ch.
282, sec. 2, effective July 15, 2002. — Amended 1988 Ky. Acts ch. 283, sec. 13, effective July 15, 1988. — Created 1974 Ky. Acts ch. 406, sec. 89, effective January
1, 1975.
Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 43, sec. 5, provides that 2018 Ky. Acts ch. 43 may be cited as “Jenna’s Law.” This statute was amended in Section 4 of that Act.