The following definitions apply in this chapter unless the context otherwise requires:
(1) "Deviate sexual intercourse" means any act of sexual gratification involving the sex
organs of one person and the mouth or anus of another; or penetration of the anus of
one person by any body part or a foreign object manipulated by another person.
"Deviate sexual intercourse" does not include penetration of the anus by any body
part or a foreign object in the course of the performance of generally recognized
health-care practices;
(2) "Forcible compulsion" means physical force or threat of physical force, express or
implied, which places a person in fear of immediate death, physical injury to self or
another person, fear of the immediate kidnap of self or another person, or fear of
any offense under this chapter. Physical resistance on the part of the victim shall not
be necessary to meet this definition;
(3) "Mental illness" means a diagnostic term that covers many clinical categories,
typically including behavioral or psychological symptoms, or both, along with
impairment of personal and social function, and specifically defined and clinically
interpreted through reference to criteria contained in the Diagnostic and Statistical
Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of
the American Psychiatric Association;
(4) "Individual with an intellectual disability" means a person with significantly
subaverage general intellectual functioning existing concurrently with deficits in
adaptive behavior and manifested during the developmental period, as defined in
KRS Chapter 202B;
(5) "Mentally incapacitated" means that a person is rendered temporarily incapable of
appraising or controlling his or her conduct as a result of the influence of an
intoxicating substance administered to him or her without his or her consent or as a
result of any other act committed upon him or her without his or her consent;
(6) "Physically helpless" means that a person is unconscious or for any other reason is
physically unable to communicate unwillingness to an act. "Physically helpless"
also includes a person who has been rendered unconscious or for any other reason is
physically unable to communicate an unwillingness to an act as a result of the
influence of a controlled substance or legend drug;
(7) "Sexual contact" means the touching of a person's intimate parts or the touching of
the clothing or other material intended to cover the immediate area of a person's
intimate parts, if that touching can be construed by a reasonable person as being
done:
(a) For the purpose of sexual arousal or gratification of either party;
(b) For a sexual purpose; or
(c) In a sexual manner for the purpose of:
1. Exacting revenge or retribution;
2. Humiliating or degrading; or
3. Punishment;
(8) "Sexual intercourse" means sexual intercourse in its ordinary sense and includes
penetration of the sex organs of one person by any body part or a foreign object
manipulated by another person. Sexual intercourse occurs upon any penetration,
however slight; emission is not required. "Sexual intercourse" does not include
penetration of the sex organ by any body part or a foreign object in the course of the
performance of generally recognized health-care practices;
(9) "Foreign object" means anything used in commission of a sexual act other than the
person of the actor;
(10) "Registrant" has the same meaning as in KRS 17.500; and
(11) "Adult intermediary" means a person who is age eighteen (18) years or older, who
communicates with another for the purpose of procuring or promoting the use of a
minor in violation of KRS 510.155.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 34, sec. 2, effective June 29, 2023. -- Amended
2021 Ky. Acts ch. 88, sec. 1, effective June 29, 2021. -- Amended 2018 Ky. Acts ch.
34, sec. 1, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 123,
effective July 12, 2012. -- Amended 2002 Ky. Acts ch. 259, sec. 6, effective July 15,
2002. -- Amended 2000 Ky. Acts ch. 401, sec. 4, effective July 14, 2000. --
Amended 1996 Ky. Acts ch. 300, sec. 2, effective July 15, 1996. -- Amended 1992
Ky. Acts ch. 355, sec. 1 effective July 14, 1992. --Amended 1990 Ky. Acts ch. 448,
sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 78, sec. 1, effective
July 15, 1988; and ch. 283, sec. 9, effective July 15, 1988. -- Amended 1986 Ky.
Acts ch. 486, sec. 1, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 406, sec.
81.
Notes of Decisions
David Alan Jenkins v. Commonwealth of Kentucky, 496 S.W.3d 435 (Ky. 2016).
· cites it 6× “" KRS 510.010(1). Because the forcible compulsion element is common to both first-degree rape and first-degree sodomy, we limit our discussion of the directed verdict issue to the alleged rape, with the understanding that our discussion applies as well to Jenkins's claim that…”
Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005).
· cites it 18× “The 1974 Commentary to KRS 510.010 notes that the contact can be with either the victim or the actor.”
Murphy v. Commonwealth, 509 S.W.3d 34 (Ky. 2017).
· cites it 3× “]” KRS 510.010(2) defines “forcible compulsion” as “physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any…”
Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002).
· cites it 4× “" KRS 510.010(2) defines "forcible compulsion" as "physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any…”
Yates v. Commonwealth, 430 S.W.3d 883 (Ky. 2014).
· cites it 5× “” KRS 510.010(2). As is evident from its definition, forcible compulsion may be shown in two broad ways: an act of physical force or a threat of physical force.”
Mash v. Commonwealth, 376 S.W.3d 548 (Ky. 2012).
· cites it 4× “070, which means “any act of sexual gratification involving the sex organs of one (1) person and the mouth or anus of another,” KRS 510.010(1). The additional element in a sodomy offense is the specific sexual or intimate parts involved, namely, the mouth or anus.”
King v. Commonwealth, 554 S.W.3d 343 (Mo. Ct. App. 2018).
· cites it 2× “070, which means "any act of sexual gratification involving the sex organs of one (1) person and the mouth or anus of another," KRS 510.010(1). The additional element in a sodomy offense is the specific sexual or intimate parts involved, namely, the mouth or anus.”
Clark v. Commonwealth, 223 S.W.3d 90 (Ky. 2007).
· cites it 2× “3d at 71 ("We recount these arguments to demonstrate that given two factual scenarios, clever attorneys on each side can invariably muster long lists of facts and inferences supporting both similarities and differences between the prior bad acts and the present allegations.”
Garrett v. Commonwealth, 48 S.W.3d 6 (Ky. 2001).
· cites it 2× “Had the Commonwealth not agreed to inform the jury prior to trial that T.”
Kentucky v. Stincer, 482 U.S. 730 (1987).
“[6] Under Kentucky law, deviate sexual intercourse means "any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another.”
James v. Commonwealth, 360 S.W.3d 189 (Ky. 2012).
· cites it 3× “” KRS 510.010 Kentucky Crime Commission/LRC Cmt.”
Commonwealth v. Wasson, 842 S.W.2d 487 (Ky. 1992).
· cites it 2× “100 is styled a "sodomy" statute, but its reach is not limited to the Biblical or traditional common law definition of the term.”
— Ky. Rev. Stat. § 510.010(1) — 42 cases
David Alan Jenkins v. Commonwealth of Kentucky, 496 S.W.3d 435 (Ky. 2016).
“" KRS 510.010(1). Because the forcible compulsion element is common to both first-degree rape and first-degree sodomy, we limit our discussion of the directed verdict issue to the alleged rape, with the understanding that our discussion applies as well to Jenkins's claim that…”
Kentucky v. Stincer, 482 U.S. 730 (1987).
“[6] Under Kentucky law, deviate sexual intercourse means "any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another.”
Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005).
“The 1974 Commentary to KRS 510.010 notes that the contact can be with either the victim or the actor.”
Mash v. Commonwealth, 376 S.W.3d 548 (Ky. 2012).
“070, which means “any act of sexual gratification involving the sex organs of one (1) person and the mouth or anus of another,” KRS 510.010(1). The additional element in a sodomy offense is the specific sexual or intimate parts involved, namely, the mouth or anus.”
Commonwealth v. Wasson, 842 S.W.2d 487 (Ky. 1992).
“100 is styled a "sodomy" statute, but its reach is not limited to the Biblical or traditional common law definition of the term.”
— Ky. Rev. Stat. § 510.010(1)(c)(1) — 2 cases
— Ky. Rev. Stat. § 510.010(1)(c)(2) — 2 cases
— Ky. Rev. Stat. § 510.010(2) — 39 cases
David Alan Jenkins v. Commonwealth of Kentucky, 496 S.W.3d 435 (Ky. 2016).
“" KRS 510.010(1). Because the forcible compulsion element is common to both first-degree rape and first-degree sodomy, we limit our discussion of the directed verdict issue to the alleged rape, with the understanding that our discussion applies as well to Jenkins's claim that…”
Murphy v. Commonwealth, 509 S.W.3d 34 (Ky. 2017).
“]” KRS 510.010(2) defines “forcible compulsion” as “physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any…”
Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002).
“" KRS 510.010(2) defines "forcible compulsion" as "physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any…”
Yates v. Commonwealth, 430 S.W.3d 883 (Ky. 2014).
“” KRS 510.010(2). As is evident from its definition, forcible compulsion may be shown in two broad ways: an act of physical force or a threat of physical force.”
— Ky. Rev. Stat. § 510.010(2)(b) — 1 case
— Ky. Rev. Stat. § 510.010(4) — 3 cases
— Ky. Rev. Stat. § 510.010(5) — 2 cases
— Ky. Rev. Stat. § 510.010(6) — 2 cases
— Ky. Rev. Stat. § 510.010(7) — 45 cases
Clark v. Commonwealth, 223 S.W.3d 90 (Ky. 2007).
“3d at 71 ("We recount these arguments to demonstrate that given two factual scenarios, clever attorneys on each side can invariably muster long lists of facts and inferences supporting both similarities and differences between the prior bad acts and the present allegations.”
Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005).
“The 1974 Commentary to KRS 510.010 notes that the contact can be with either the victim or the actor.”
Mash v. Commonwealth, 376 S.W.3d 548 (Ky. 2012).
“070, which means “any act of sexual gratification involving the sex organs of one (1) person and the mouth or anus of another,” KRS 510.010(1). The additional element in a sodomy offense is the specific sexual or intimate parts involved, namely, the mouth or anus.”
King v. Commonwealth, 554 S.W.3d 343 (Mo. Ct. App. 2018).
“070, which means "any act of sexual gratification involving the sex organs of one (1) person and the mouth or anus of another," KRS 510.010(1). The additional element in a sodomy offense is the specific sexual or intimate parts involved, namely, the mouth or anus.”
— Ky. Rev. Stat. § 510.010(7)(a) — 4 cases
— Ky. Rev. Stat. § 510.010(8) — 26 cases
Garrett v. Commonwealth, 48 S.W.3d 6 (Ky. 2001).
“Had the Commonwealth not agreed to inform the jury prior to trial that T.”
Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005).
“The 1974 Commentary to KRS 510.010 notes that the contact can be with either the victim or the actor.”
— Ky. Rev. Stat. § 510.010(9) — 2 cases
Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005).
“The 1974 Commentary to KRS 510.010 notes that the contact can be with either the victim or the actor.”
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