Ky. Rev. Stat. » Chapter 435
Kentucky Revised Statutes

Ky. Rev. Stat. § 435.080 (2026)

Repealed, effective January 1, 1975

✓ current as of May 2026
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Catchline at repeal: Rape of child under twelve -- Attempted rape. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1152, 1153.

Notes of Decisions
Cited in 13 cases, 1946–1976 · leading case: Taylor v. Commonwealth, 545 S.W.2d 76 (Ky. 1976).
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Taylor v. Commonwealth, 545 S.W.2d 76 (Ky. 1976). · cites it 2× “An indictment under KRS 435.080 was returned against the appellant on July 25, 1974.”
Trimble v. Commonwealth, 447 S.W.2d 348 (Ky. Ct. App. 1969). · cites it 2× “She described the actions of the appellant in this regard in such manner as to warrant the inference that slight penetration of her genital organs had been accomplished by appellant, although it is quite clear from medical testimony that there was no complete penetration.…”
Boles v. Commonwealth, 406 S.W.2d 853 (Ky. Ct. App. 1966). · cites it 4× “It is contended that the prosecutrix was under 12 years of age at the time of the alleged offense, so that the prosecution should have been had under KRS 435.080; (rape of female under 12 years old).”
Thacker v. Commonwealth, 453 S.W.2d 566 (Ky. Ct. App. 1970). “Lenoral Thacker is appealing from a judgment which sentenced him to life imprisonment pursuant to a verdict finding him guilty of committing rape upon a child under 12 years of age, KRS 435.080(1). The statute provides only two alternative penalties, one being life imprisonment…”
Moore v. Commonwealth, 384 S.W.2d 498 (Ky. Ct. App. 1964). “KRS 435.080(2). Reversal of the conviction is asked on the grounds that the court erred: In permitting the jury to hear incompetent and prejudicial testimony; in instructing the jury, and in permitting the Commonwealth’s attorney to make an improper closing argument to the jury.”
Hampton v. Commonwealth, 454 S.W.2d 672 (Ky. Ct. App. 1970). “Indicted for rape (KRS 435.080), he was found guilty of the lesser offense of carnal knowledge (KRS 435.”
Ellison v. Commonwealth, 225 S.W.2d 470 (Ky. Ct. App. 1949). “The evidence shows motive • to get rid • of his wife whom appellant married to escape prosecution upon a charge of carnally knowing a girl under twelve years of age, which the statute punishes by confinement in the penitentiary for life or by death, KRS 435.080. It further shows…”
Hensley v. Commonwealth, 271 S.W.2d 891 (Ky. Ct. App. 1954). “” It is claimed the court erroneously included in Instruction 1 the penalty set forth in KRS 435.080(1), which reads: “Any person who attempts to commit rape upon a child under twelve years of age shall be confined in the penitentiary for not less than five nor more than twenty…”
Bolin v. Commonwealth, 407 S.W.2d 431 (Ky. Ct. App. 1966). “See KRS 435.080(2). *432 The grounds relied upon for reversal are that he was prejudiced (1) by improper cross-examination and (2) by the trial court’s refusal to permit impeachment of certain prosecution witnesses by evidence that they had made prior inconsistent statements.”
Jewell v. Commonwealth, 290 S.W.2d 47 (Ky. Ct. App. 1956). · cites it 2× “Appellant, James Jewell, age 27, married and the father of three children, was convicted in the Clay Circuit Court under KRS 435.080(2) of an attempt to commit rape upon a child under twelve years of age, and his punishment was fixed at five years’ confinement in the…”
Gilbert v. Commonwealth, 197 S.W.2d 247 (Ky. Ct. App. 1946). “KRS 435.080(2). A reversal is sought upon the ground that the court committed error in not instructing on the crime of detaining a woman against her will, with the intent to have carnal knowledge of her.”
Catlett v. Commonwealth, 246 S.W.2d 580 (Ky. Ct. App. 1952). “KRS 435.080 provides: “Any person who commits rape upon a child under twelve years of age shall be punished by confinement in the penitentiary for life, or by death.”
Show all 13 citing cases →
Ky. Rev. Stat. § 435.080(1): 4 cases
Trimble v. Commonwealth, 447 S.W.2d 348 (Ky. Ct. App. 1969). “She described the actions of the appellant in this regard in such manner as to warrant the inference that slight penetration of her genital organs had been accomplished by appellant, although it is quite clear from medical testimony that there was no complete penetration.…”
Thacker v. Commonwealth, 453 S.W.2d 566 (Ky. Ct. App. 1970). “Lenoral Thacker is appealing from a judgment which sentenced him to life imprisonment pursuant to a verdict finding him guilty of committing rape upon a child under 12 years of age, KRS 435.080(1). The statute provides only two alternative penalties, one being life imprisonment…”
Hensley v. Commonwealth, 271 S.W.2d 891 (Ky. Ct. App. 1954). “” It is claimed the court erroneously included in Instruction 1 the penalty set forth in KRS 435.080(1), which reads: “Any person who attempts to commit rape upon a child under twelve years of age shall be confined in the penitentiary for not less than five nor more than twenty…”
Warren v. Commonwealth, 253 S.W.2d 612 (Ky. Ct. App. 1952).
Ky. Rev. Stat. § 435.080(2): 6 cases
Trimble v. Commonwealth, 447 S.W.2d 348 (Ky. Ct. App. 1969). “She described the actions of the appellant in this regard in such manner as to warrant the inference that slight penetration of her genital organs had been accomplished by appellant, although it is quite clear from medical testimony that there was no complete penetration.…”
Moore v. Commonwealth, 384 S.W.2d 498 (Ky. Ct. App. 1964). “KRS 435.080(2). Reversal of the conviction is asked on the grounds that the court erred: In permitting the jury to hear incompetent and prejudicial testimony; in instructing the jury, and in permitting the Commonwealth’s attorney to make an improper closing argument to the jury.”
Bolin v. Commonwealth, 407 S.W.2d 431 (Ky. Ct. App. 1966). “See KRS 435.080(2). *432 The grounds relied upon for reversal are that he was prejudiced (1) by improper cross-examination and (2) by the trial court’s refusal to permit impeachment of certain prosecution witnesses by evidence that they had made prior inconsistent statements.”
Jewell v. Commonwealth, 290 S.W.2d 47 (Ky. Ct. App. 1956). “Appellant, James Jewell, age 27, married and the father of three children, was convicted in the Clay Circuit Court under KRS 435.080(2) of an attempt to commit rape upon a child under twelve years of age, and his punishment was fixed at five years’ confinement in the…”
Gilbert v. Commonwealth, 197 S.W.2d 247 (Ky. Ct. App. 1946). “KRS 435.080(2). A reversal is sought upon the ground that the court committed error in not instructing on the crime of detaining a woman against her will, with the intent to have carnal knowledge of her.”
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