Kentucky Revised Statutes

Ky. Rev. Stat. § 435.090 (2026)

Repealed, effective January 1, 1975

✓ current as of May 2026
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Catchline at repeal: Rape of female over twelve. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Amended 1944 Ky. Acts ch. 143, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1154.

Notes of Decisions
Cited in 58 cases, 1945–2020 · leading case: Workman v. Commonwealth, 429 S.W.2d 374 (Ky. Ct. App. 1968).
Workman v. Commonwealth, 429 S.W.2d 374 (Ky. Ct. App. 1968). · cites it 6× “The motion sought to set aside a judgment rendered in the Jefferson Circuit Court wherein the appellants were sentenced to confinement in the state penitentiary for life, without benefit of parole, under the provisions of KRS 435.090. The charge was forcible rape and the facts…”
Fraser v. Commonwealth, 59 S.W.3d 448 (Ky. 2001). · cites it 2× “2d 709 (1965): The record shows, however, that appellant entered a plea of guilty to the rape charge; he received [a] sentence of imprisonment for ten years, the minimum sentence permitted under KRS 435.090. Appellant does not assert that counsel badgered him into entering a…”
Land v. Commonwealth, 986 S.W.2d 440 (Ky. 1999). · cites it 4× “42 to vacate the judgment and sentence, claiming inter alia that the sentence of life without the possibility of parole for rape imposed pursuant to KRS 435.090 (subsequently repealed upon the adoption of the penal code) was an unconstitutional sentence in violation of the…”
Green v. Commonwealth, 556 S.W.2d 684 (Ky. 1977). · cites it 3× “(KRS 435.090). Henry is not satisfied with the result and prosecutes this appeal.”
Romans v. Commonwealth, 547 S.W.2d 128 (Ky. 1977). “KRS 435.090 (now superseded by the Kentucky Penal Code).”
Niemeyer v. Commonwealth, 533 S.W.2d 218 (Ky. 1976). “KRS 435.090. It is our conclusion beyond a reasonable doubt that the errors and irregularities were not prejudicial.”
Ware v. Commonwealth, 537 S.W.2d 174 (Ky. 1976). “KRS 435.090, now superseded by the Kentucky Penal Code.”
Sherley v. Commonwealth, 558 S.W.2d 615 (Ky. 1977). “The gravamen of the offense of rape of a female over 12 years of age, KRS 435.090 (repealed), was against the female’s will or consent or by force, serious physical injury not being a factor.”
Summitt v. Commonwealth, 550 S.W.2d 548 (Ky. 1977). “KRS 435.090 (now superseded by the Kentucky Penal Code, eff.”
Patrick v. Commonwealth, 436 S.W.2d 69 (Ky. Ct. App. 1968). · cites it 3× “KRS 435.090. According to Jean Ann, the offense took place some time during the month of February, 1967, at the home of her grandfather, W.”
William Ralph v. Warden, Maryland Penitentiary, 438 F.2d 786 (4th Cir. 1971). “§ 26-2001 (1969) ; Ky.Rev.Stat.Ann. § 435.090 (1969) ; La. Rev.”
Boles v. Commonwealth, 406 S.W.2d 853 (Ky. Ct. App. 1966). · cites it 5× “He is now imprisoned and serving a sentence of life imprisonment without privilege of parole as a consequence of his violation of KRS 435.090; (rape of female over 12 years old).”
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