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Kentucky Laws/ Definitions on Rape

Disclaimer: These are not all rules and regulations. If you are in a situation where these laws are needed to seek legal assistance, we recommend seeking out a lawyer to receive help specific to your situation.


Rape in the first degree is defined as sexual intercourse with an individual who cannot consent. It can include but is not limited to victims being drunk, mentally incapacitated, or very young.

  • Considered a Class B felony

  • 10-20 years imprisonment

  • Can be considered a Class A felony (victim under age 12 or is seriously harmed)

Rape in the second degree is nonconsensual sexual intercourse with someone older than age 18 getting involved with an individual under age 14. It involves victims who are unable to consent.

  • Considered a Class C felony

  • 5-10 years imprisonment

Rape in the third degree is defined as nonconsensual sexual intercourse and can involve but is not limited to:

  • The offender is age 21+ and the victim is below age 16

  • The offender is 10 years older than the victim age 16 or 17

  • The offender is age 21+ and the victim is below age 18. The offender must be offering a foster care for the victim.

  • Class D felony (1-5 years imprisonment)

Sodomy in the first degree is defined as nonconsensual, unusual sexual intercourse. The victim must be unable to consent due to being below age 12 or physically helpless.

  • Class B felony (10-20 years imprisonment)

  • Becomes a Class A felony (20-50 years imprisonment) if the victim is under age 12 and helpless





















https://www.rainn.org/laws-your-state-kentucky


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