Kentucky Statutory Rape Laws

Engaging in sexual activities with a minor in Kentucky may lead to criminal charges for a statutory rape offense, even if the child agreed to or initiated the conduct.

What Is the Age of Consent in Kentucky?

Statutory rape laws are premised on the assumption that minors of a certain age are incapable of giving informed consent to sexual activities. Their incapacity is written into the statute—hence the term, "statutory" rape.

In Kentucky, the age of consent is 16 for most situations. If the defendant is in a position of authority over the child or more than 10 years older, the age of consent is 18. (Ky. Rev. Stat. § 510.020 (2024).)

Kentucky's Statutory Rape Laws

Like most states, Kentucky law doesn't use the term "statutory rape." Rather, these age-based offenses fall under the state's crimes of rape, sodomy, and sexual abuse. Penalties depend on the ages of the defendant and victim, their age difference, and the conduct that occurred (sexual penetration or contact).

What Are the Penalties for Statutory Rape in Kentucky?

Statutory rape offenses can be prosecuted as rape, sodomy, or sexual abuse in Kentucky.

Rape and Sodomy Penalties for Age-Based Offenses

A person who engages in consensual sexual penetration, including vaginal, anal, or oral sex or object penetration, with a minor may face criminal charges for rape or sodomy. Kentucky law divides these felony offenses into three degrees based on the ages of the parties.

First-degree offenses. Under Kentucky's laws, a person of any age commits the crime of first-degree rape or sodomy by engaging in sexual penetration with a child younger than 12. First-degree rape and sodomy are Class A felonies, punishable by 20 to 50 years or life in prison and a fine of up to $10,000.

Second-degree offenses. An adult (age 18 or older) commits second-degree rape or sodomy by engaging in sexual penetration with a child under the age of 14. This offense is a class C felony. A convicted defendant can face 5 to 10 years of prison time and a $10,000 fine.

Third-degree offenses. A person may face third-degree rape or sodomy charges by engaging in consensual penetration with a child under the following circumstances:

• the child is younger than 16 and the defendant is 21 or older, or
• the child is 16 or 17 and the defendant is at least 10 years older than the victim.

Third-degree charges also apply when a defendant in a position of trust over a minor (younger than 18) engages in sexual penetration with that minor. Examples of individuals in a position of trust include adult coaches, teachers, adult youth leaders, counselors, religious leaders, and health care providers.

A conviction carries class D felony penalties of one to five years of prison time and a $10,000 fine.

(Ky. Rev. Stat. §§ 510.010, 510.040, 510.050, 510.060, 510.070, 510.080, 510.090 (2024).)

Sexual Abuse Penalties for Age-Based Crimes

Kentucky's sexual abuse crimes prohibit engaging in sexual contact with an underage minor. Sexual contact refers to the touching of a person's intimate parts, under or over clothing, for sexual arousal or purpose.

First-degree offense. A person commits sexual abuse in the first degree by engaging in sexual contact with:

• a child younger than 12
• a child younger than 16 if the defendant is 21 or older, or
• a child younger than 18 if the defendant is in a position of authority over the child.

First-degree sexual abuse of a child younger than 12 is a Class C felony, punishable by 5 to 10 years in prison. Other violations are class D felonies, which carry one to five years of potential prison time.

Second-degree offense. A defendant who's 18, 19, or 20 commits a second-degree offense by engaging in sexual contact with a child younger than 16. This offense is a class A misdemeanor, punishable by 90 days to one year of jail time and a $500 fine. The law provides a complete defense to the crime if the child was at least 14 and the age gap was less than five years. For example, it would be a crime for a 19-year-old to engage in sexual contact with a 13-year-old but not with a 15-year-old.

Third-degree offense. Unless prohibited above, it's a class B misdemeanor to engage in sexual contact with a child younger than 16. Class B misdemeanors carry penalties of up to 90 days in jail and a $250 fine. The law provides a complete defense if the victim was 14 or 15 and the defendant was younger than 18.

(Ky. Rev. Stat. §§ 510.020, 510.110, 510.120, 510.130, 532.060, 532.090, 534.030, 534.040 (2024).)

Does Kentucky Have a Romeo-and-Juliet Law?

Yes. Named after Shakespeare's young lovers, "Romeo and Juliet" exceptions protect young people from criminal charges for engaging in consensual sex with other people close to their own age.

Kentucky law doesn't make it a crime for certain people close in age (and 12 or older) to have consensual sexual intercourse or sexual contact. For instance, consensual sexual penetration involving the following individuals is not generally considered a crime:

• when a child is 12 or 13 and the partner is a minor
• when a child is 14 or 15 and the partner is younger than 21, or
• when a child is 16 or 17 and the partner is not more than 10 years older.

However, if the defendant holds a position of authority or other special relationship, these situations could be crimes.

(Ky. Rev. Stat. §§ 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.120, 510.130 (2024).)

Possible Defenses to Statutory Rape Charges in Kentucky

Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur." Kentucky law also provides the following potential defenses in statutory rape cases.

Mistake of age. Most states don't allow a defendant's ignorance or mistake of a child's age to be a defense against statutory rape charges. Kentucky, however, does allow such a defense when the charges are based on the child being younger than 16. (Ky. Rev. Stat. § 510.030 (2024).)

Marriage. It's also a defense to statutory rape, sodomy, or sexual abuse that the defendant and the child are married at the time of the offense. This defense is part of the marital rape exemption. (Ky. Rev. Stat. § 510.035 (2024).)

Is Sex Offender Registration Required Based on a Statutory Rape Conviction in Kentucky?

People who are convicted of sex crimes against minors are required to register as sex offenders in Kentucky, unless the defendant was younger than 18 at the time of the offense. Registration requirements last 20 years to life. Failure to register is a crime.

(Ky. Rev. Stat. §§ 17.500, 17.510 (2024).)

Getting Legal Help

A conviction for statutory rape or a similar crime can have serious consequences, including time in prison or jail and sex offender registration. If you're charged with a crime as a result of sexual activity with a person under the age of consent, talk to a Kentucky criminal defense attorney.