Kentucky Statutes 510.040 – Rape in the first degree
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(1) A person is guilty of rape in the first degree when:
(a) He engages in sexual intercourse with another person by forcible compulsion;
For details, see § 532.060
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.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 84, effective January 1, 1975.
(a) He engages in sexual intercourse with another person by forcible compulsion;
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 felony | between 20 years and life | between $1,000 and $10,000 |
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 510.040
- 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. See Kentucky Statutes 510.010
- Physically helpless: means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. 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
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.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 84, effective January 1, 1975.