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

Ky. Rev. Stat. § 435.110 (2026)

Repealed, effective January 1, 1975

✓ current as of May 2026
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Catchline at repeal: Taking or detaining woman against her will. History: Repealed 1974 Ky.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. sec. 1158.

Notes of Decisions
Cited in 39 cases, 1943–1978 · leading case: Lewis v. Commonwealth, 411 S.W.2d 321 (Ky. Ct. App. 1967).
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Lewis v. Commonwealth, 411 S.W.2d 321 (Ky. Ct. App. 1967). · cites it 2× “KRS 435.110. Our review is confined to whether the motion on its face states grounds that are not conclusively refuted by the record and which, if true, would invalidate the conviction.”
Sherley v. Commonwealth, 558 S.W.2d 615 (Ky. 1977). “KRS 435.110 (repealed), detaining a woman against her will with intent to have carnal knowledge of her, with a penalty of two years’ to seven years’ confinement, has been construed as a lesser included offense of rape, and an instruction should be given on detaining rather than…”
Koester v. Commonwealth, 449 S.W.2d 213 (Ky. Ct. App. 1969). · cites it 2× “Appellant first contends he was entitled to a peremptory instruction because the proof did not establish that he either (1) detained the girls against their wills, or (2) intended to have carnal knowledge of them, both of which elements are required by KRS 435.110. It is said…”
Jett v. Commonwealth, 436 S.W.2d 788 (Ky. Ct. App. 1969). “Tex Jett, indicted for detaining Nancy Williams, his 15-year-old sister-in-law, against her will with intent to have carnal knowledge of her, KRS 435.110, was found guilty of assault and battery and sentenced to a year in jail.”
Rayburn v. Commonwealth, 476 S.W.2d 187 (Ky. Ct. App. 1972). · cites it 2× “Appellant was convicted and received a sentence of two years for detaining a woman against her will with intent to have carnal knowledge of her, a crime de *188 nounced by KRS 435.110. Under a separate indictment appellant was convicted and received a sentence of eight years for…”
Thomas v. Commonwealth, 189 S.W.2d 686 (Ky. Ct. App. 1945). · cites it 2× “He was convicted under KRS 435.110, the jury fixing his punishment at two years confinement in the State Reformatory.”
Wagner v. Commonwealth, 355 S.W.2d 151 (Ky. Ct. App. 1962). · cites it 3× “, has appealed from a judgment sentencing him to five years’ imprisonment for detaining a woman against her will with intent to have carnal knowledge of her, KRS 435.110. As grounds for reversal he urges that the court erred: (1) in refusing to grant a continuance; (2) in…”
Trimble v. Commonwealth, 447 S.W.2d 348 (Ky. Ct. App. 1969). “The appellant maintains that the court erred in failing to instruct the jury on the offense of detaining a woman against her will with intent to have carnal knowledge of her.”
Blanton v. Commonwealth, 429 S.W.2d 407 (Ky. Ct. App. 1968). “KRS 435.110. This contention is based on appellant’s view that the medical testimony showed there was no penetration of the victim, an essential element of rape.”
Davis v. Commonwealth, 561 S.W.2d 91 (Ky. 1978). “According to the girl, Davis forced her at gunpoint to leave a parked automobile in which she had been sitting with another man and to get into Davis’ automobile.”
Sanders v. Commonwealth, 269 S.W.2d 208 (Ky. Ct. App. 1954). “Under an indictment charging rape, the appellant was convicted and sentenced to four years in the penitentiary for taking or detaining a woman against her will, as defined by KRS 435.110. Since we are reversing the case because of erroneous instructions, we shall discuss only…”
Rose v. Commonwealth, 171 S.W.2d 435 (Ky. Ct. App. 1943). “detaining Thelma Smith, against her will with intent to have carnal knowledge, Kentucky Statutes, section 1158, KRS 435.110. He was found guilty and in accordance with the verdict, sentenced to two years confinement in the penitentiary.”
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