Ky. Rev. Stat. § 510.090

Current through Acts Received April 18, 2024

Section 510.090 - Sodomy in the third degree

(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;

(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.

KRS 510.090

Effective: June 29, 2021

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.

Amended by 2021 Ky. Acts ch. 135,§ 2, eff. 6/29/2021.

Amended by 2018 Ky. Acts ch. 109,§ 4, eff. 7/14/2018.

Amended by 2018 Ky. Acts ch. 43,§ 4, eff. 7/14/2018.

Amended by 2012 Ky. Acts ch. 148,§ 3, eff. 7/11/2012.

Amended by 2012 Ky. Acts ch. 146,§ 128, eff. 7/11/2012.

Amended 2010, Ky. Acts ch. 26, sec. 2, effective 7/15/2010. -- Amended 2006, Ky. Acts ch. 182, sec. 32, effective 7/12/2006. -- Amended 2002, Ky. Acts ch. 259, sec. 8, effective 7/15/2002; and ch. 282, sec. 2, effective 7/15/2002. --Amended 1988 Ky. Acts ch. 283, sec. 13, effective 7/15/1988. -- Created 1974 Ky. Acts ch. 406, sec. 89, effective 1/1/1975.

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.