Statutory Rape - A person is guilty of statutory rape (in KY, rape in the second degree)

when: (a) Being eighteen (18) years old or more, he or she engages in sexual intercourse
with another person less than fourteen (14) years old; or (b) He engages in sexual
intercourse with another person who is mentally incapacitated; (c) Being twenty-one (21)
years old or more he engages in sexual intercourse with another person less than sixteen
(16) years old.

http://www.kycss.org/clear/pdfs&docs/07AppA.pdf

(1) A person is guilty of rape in the third degree when:

(a) He engages in sexual intercourse with another person who is incapable of

consent because he is mentally retarded;

(b) Being twenty-one (21) years old or more, he engages in sexual intercourse

with another person less than sixteen (16) years old; or

(c) Being twenty-one (21) years old or more, he engages in sexual intercourse

with another person less than eighteen (18) years old and for whom he

provides a foster family home as defined in KRS 600.020.

(2) Rape in the third degree is a Class D felony.

Effective: July 15, 2002

History: Amended 2002 Ky. Acts ch. 259, sec. 7, effective July 15, 2002; and ch. 282,

sec. 1, effective July 15, 2002. -- Amended 1988 Ky. Acts ch. 283, sec. 12, effective

July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 86, effective January 1, 1975.

http://www.moraloutrage.net/staticpages/index.php?page=Kentucky

KENTUCKY
A. Statutory Rape—Criminal Offenses
An individual is deemed incapable of consent when he or she is less than 16 years of age.1
Individuals are exempt from prosecution for rape (a felony) under the following circumstances:
· If the victim is less than 14 years of age and the defendant is less than 18 years of age2
· If the victim is between 14 and 16 years of age and the defendant is less than 21 years of
age3
However, it is a misdemeanor to engage in sexual intercourse or deviate sexual intercourse with
someone under 16 years of age regardless of the age of the defendant.4

Page 52 http://www.hhs.gov/opa/pubs/statutory-rape-state-laws.pdf

Kentucky Revised Statute § 510.060 states:

(1) A person is guilty of rape in the third degree when:

(a) He engages in sexual intercourse with another person who is incapable of consent because he is mentally
retarded;
(b) Being twenty-one (21) years old or more, he engages in sexual intercourse with another person less than sixteen
(16) years old; or
(c) Being twenty-one (21) years old or more, he engages in sexual intercourse with another person less than eighteen
(18) years old and for whom he provides a foster family home as defined in KRS 600.020.

http://bulk.resource.org/courts.gov/c/F3/367/367.F3d.1249.03-10753.html

Kentucky
A. Statutory Rape—Criminal Offenses
An individual is deemed incapable of consent when he or she is less than 16 years of age.[308]
Individuals are exempt from prosecution for rape (a felony) under the following circumstances:

• If the victim is less than 14 years of age and the defendant is less than 18 years of age[309]
• If the victim is between 14 and 16 years of age and the defendant is less than 21 years of age[310]

However, it is a misdemeanor to engage in sexual intercourse or deviate sexual intercourse with

someone under 16 years of age regardless of the age of the defendant.[311]

Definition of Offenses

Offense Definition

3rd degree sexual Sexual contact[313] with someone at least 14 years of age where the defendant is
abuse[312] less than 5 years older than the victim.

Engaging in sexual intercourse[315] or deviate sexual intercourse[316] with someone

Sexual misconduct[314]
less than 16 years of age.
2nd degree sexual
Sexual contact with someone less than 14 years of age.
abuse[317]

1st degree sexual

Sexual contact with someone less than 12 years of age.
abuse[318]

Engaging in sexual intercourse with someone less than 16 years of age where the
3rd degree rape[319]
defendant is at least 21 years of age.

Engaging in sexual intercourse with someone less than 14 years of age where the
2nd degree rape[320]
defendant is at least 18 years of age.

1st degree rape[321] Engaging in sexual intercourse with someone less than 12 years of age.

Note: Marriage is a defense to all of these offenses when the act is only illegal due to the fact that
the victim is less than 16 years of age.[322]

http://aspe.hhs.gov/hsp/08/SR/StateLaws/statelaws.shtml#Kentucky