Kentucky Revised Statutes
Ky. Rev. Stat. § 436.060 (2026)
Repealed, 1975
✓ current as of May 2026
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Catchline at repeal: Incest. History: Repealed 1974 Ky.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. 1219.
Notes of Decisions
Cited in 9
cases, 1957–2018 · leading case: Bedinger v. Graybill's & Tr., 302 S.W.2d 594 (Ky. Ct. App. 1957).
Bedinger v. Graybill's & Tr., 302 S.W.2d 594 (Ky. Ct. App. 1957). “*600 The suggestion or implication that public policy is offended by interpreting the statute so that it sanctions such an adoption rests on the idea that it results in an incestuous relation. This point disappears when it is noted that the statute, KRS 402.”
Dennis v. Commonwealth, 156 S.W.3d 759 (Ky. Ct. App. 2004). “Kentucky’s preceding incest statute, KRS 436.060, prohibited carnal knowledge of a person known to be the defendant’s “father, mother, child, sister or brother.”
Higbee v. Thomas, 376 S.W.2d 305 (Ky. Ct. App. 1964). “KRS 436.060. He was committed to the penitentiary at Eddyville and in May of 1962 filed in the Lyon Circuit Court a petition for habeas corpus based on sworn allegations to the following effect: (1) On the date of the trial in circuit court "counsel for the defense spent…”
Messmear v. Commonwealth, 472 S.W.2d 682 (Ky. Ct. App. 1971). “Bailey, knowing that he was her father, on or about May 2, May 23, and August 11, 1970. The jury fixed his penalty at imprisonment for five years on each of the counts.”
Browning v. Commonwealth, 351 S.W.2d 499 (Ky. Ct. App. 1961). “KRS 436.060, which denounces the offense of incest, reads: “Any person who carnally knows his or her father, mother, child, sister or brother, knowing such a relationship to exist, shall be confined in the penitentiary for not less than two nor more than twenty-one years.”
Keeton v. Commonwealth, 459 S.W.2d 612 (Ky. Ct. App. 1970). “This is another chapter in a sordid story of a father having sexual relations with his two daughters, ages 14 and 16, in violation of KRS 436.060. Appellant was convicted February 20, 1968, and given two 21-year sentences to run concurrently.”
Cooper v. Commonwealth, 374 S.W.2d 481 (Ky. Ct. App. 1964). “Appellant was indicted under KRS 436.060. This reads: “Any person who carnally knows his or her father, mother, child, sister or brother, knowing such a relationship to exist, shall be confined in the penitentiary for not less than two years nor more than twenty-one years.”
Christopher Melton v. Commonwealth of Kentucky (Ky. 2018). “020 is the current incest statute, and replaced KRS 436.060. As discussed in Dennis v. Commonwealth, 156 S.”
Clements v. Commonwealth, 384 S.W.2d 299 (Ky. Ct. App. 1964). “See KRS 436.060. Two questions are raised: (1) Was there sufficient evidence to sustain the verdict? (2) Does a certain portion of the testimony of a witness for the Commonwealth, noted in detail hereinafter, constitute a reversible error? The prosecutrix, a 35-year-old daughter…”
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