(1) Whether or not specifically stated, it is an element of every offense defined in this
chapter that the sexual act was committed without consent of the victim.
(2) Lack of consent results from:
(a) Forcible compulsion;
(b) Incapacity to consent; or
(c) If the offense charged is sexual abuse, any circumstances in addition to
forcible compulsion or incapacity to consent in which the victim does not
expressly or impliedly acquiesce in the actor's conduct.
(3) A person is deemed incapable of consent when he or she is:
(a) Less than sixteen (16) years old;
(b) Sixteen (16) or seventeen (17) years old and the actor is at least ten (10) years
older than the victim at the time of the sexual act;
(c) An individual unable to communicate consent or lack of consent, or unable to
understand the nature of the act or its consequences, due to an intellectual
disability or a mental illness;
(d) Mentally incapacitated;
(e) Physically helpless; or
(f) Under the care or custody of a state or local agency pursuant to court order
and the actor is employed by or working on behalf of the state or local agency.
(4) The provisions of subsection (3)(f) of this section shall not apply to persons who are
lawfully married to each other and no court order is in effect prohibiting contact
between the parties.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 43, sec. 1, effective July 14, 2018; and ch. 109,
sec. 7, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 124, effective
July 12, 2012. -- Amended 2006 Ky. Acts ch. 182, sec. 30, effective July 12, 2006. --
Amended 1988 Ky. Acts ch. 283, sec. 10, effective July 15, 1988. -- Created 1974
Ky. Acts ch. 406, sec. 82, effective January 1, 1975.
Legislative Research Commission Note (7/14/2018). This statute was amended by 2018
Ky. Acts chs. 43 and 109, which do not appear to be in conflict and have been
codified together.
Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 43, sec. 5,
provides that 2018 Ky. Acts ch. 43 may be cited as "Jenna's Law." This statute was
amended in Section 1 of that Act.
Notes of Decisions
David Alan Jenkins v. Commonwealth of Kentucky, 496 S.W.3d 435 (Ky. 2016).
· cites it 10× “"Lack of consent" is expressly defined in KRS 510.020 in pertinent part as follows: (1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim.”
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013).
· cites it 16× “110(l)(d) and KRS 510.020 to determine whether “lack of consent” is an element of KRS 510.”
Talbott v. Commonwealth, 968 S.W.2d 76 (Ky. 1998).
· cites it 4× “020(3)(a), and forcible compulsion apparently was not involved, KRS 510.020(2)(a), sexual intercourse between stepparent and stepchild is incest, a class C felony.”
Yates v. Commonwealth, 430 S.W.3d 883 (Ky. 2014).
· cites it 4× “040(l)(a); see also KRS 510.020(1) (stating lack of consent is an element of every sexual offense defined in KRS Chapter 510); KRS 510.”
Ten Broeck Dupont, Inc. v. Brooks, 283 S.W.3d 705 (Ky. 2009).
· cites it 2× “1960); see also KRS 510.020(3). "The basic function of instructions in Kentucky is to tell the jury what it must believe from the evidence in order to resolve each dispositive factual issue in favor of the party who bears the burden of proof on that issue.”
Commonwealth v. Hooks, 921 A.2d 1199 (Pa. Super. Ct. 2007).
· cites it 4× “…"less than 16 years old" the day before his 16th birthday. See Kentucky Penal Code, Chapter 510; KRS 510.020(3)(a), KRS 510.020 Commentary.”
Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002).
· cites it 2× “KRS 510.020(3)(a). That is the very premise of what is sometimes referred to as "statutory rape.”
Cooper v. Commonwealth, 550 S.W.2d 478 (Ky. 1977).
· cites it 3× “-140) and in refusing to instruct on the meaning of lack of consent as defined in KRS 510.020. Appellant argues that the sodomy statute and the sexual misconduct statute have the same elements but different punishments, and therefore a conviction for sodomy would result in a…”
Wombles v. Commonwealth, 831 S.W.2d 172 (Ky. 1992).
· cites it 2× “The Commonwealth, in this case, proved that the appellant forced his eleven-year-old daughter to have intercourse with him without her consent on six separate occasions.”
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981).
“In further dealing with lack of consent, it is stated in KRS 510.020(1) and (3)(a) that: “Lack of consent.”
Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005).
· cites it 2× “was fifteen years of age, thus statutorily incapable of consent, KRS 510.020(3)(a), and Appellant was more than five years older than A.”
— Ky. Rev. Stat. § 510.020(1) — 8 cases
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013).
“110(l)(d) and KRS 510.020 to determine whether “lack of consent” is an element of KRS 510.”
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981).
“In further dealing with lack of consent, it is stated in KRS 510.020(1) and (3)(a) that: “Lack of consent.”
Yates v. Commonwealth, 430 S.W.3d 883 (Ky. 2014).
“040(l)(a); see also KRS 510.020(1) (stating lack of consent is an element of every sexual offense defined in KRS Chapter 510); KRS 510.”
— Ky. Rev. Stat. § 510.020(2) — 2 cases
Yates v. Commonwealth, 430 S.W.3d 883 (Ky. 2014).
“040(l)(a); see also KRS 510.020(1) (stating lack of consent is an element of every sexual offense defined in KRS Chapter 510); KRS 510.”
— Ky. Rev. Stat. § 510.020(2)(a) — 2 cases
Talbott v. Commonwealth, 968 S.W.2d 76 (Ky. 1998).
“020(3)(a), and forcible compulsion apparently was not involved, KRS 510.020(2)(a), sexual intercourse between stepparent and stepchild is incest, a class C felony.”
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013).
“110(l)(d) and KRS 510.020 to determine whether “lack of consent” is an element of KRS 510.”
— Ky. Rev. Stat. § 510.020(2)(b) — 2 cases
— Ky. Rev. Stat. § 510.020(2)(c) — 2 cases
David Alan Jenkins v. Commonwealth of Kentucky, 496 S.W.3d 435 (Ky. 2016).
“"Lack of consent" is expressly defined in KRS 510.020 in pertinent part as follows: (1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim.”
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013).
“110(l)(d) and KRS 510.020 to determine whether “lack of consent” is an element of KRS 510.”
— Ky. Rev. Stat. § 510.020(2)(e) — 1 case
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013).
“110(l)(d) and KRS 510.020 to determine whether “lack of consent” is an element of KRS 510.”
— Ky. Rev. Stat. § 510.020(3) — 4 cases
Ten Broeck Dupont, Inc. v. Brooks, 283 S.W.3d 705 (Ky. 2009).
“1960); see also KRS 510.020(3). "The basic function of instructions in Kentucky is to tell the jury what it must believe from the evidence in order to resolve each dispositive factual issue in favor of the party who bears the burden of proof on that issue.”
— Ky. Rev. Stat. § 510.020(3)(a) — 12 cases
Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002).
“KRS 510.020(3)(a). That is the very premise of what is sometimes referred to as "statutory rape.”
Talbott v. Commonwealth, 968 S.W.2d 76 (Ky. 1998).
“020(3)(a), and forcible compulsion apparently was not involved, KRS 510.020(2)(a), sexual intercourse between stepparent and stepchild is incest, a class C felony.”
Commonwealth v. Hooks, 921 A.2d 1199 (Pa. Super. Ct. 2007).
“…"less than 16 years old" the day before his 16th birthday. See Kentucky Penal Code, Chapter 510; KRS 510.020(3)(a), KRS 510.020 Commentary.”
Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005).
“was fifteen years of age, thus statutorily incapable of consent, KRS 510.020(3)(a), and Appellant was more than five years older than A.”
— Ky. Rev. Stat. § 510.020(3)(b) — 1 case
— Ky. Rev. Stat. § 510.020(3)(c) — 1 case
— Ky. Rev. Stat. § 510.020(3)(d) — 1 case
— Ky. Rev. Stat. § 510.020(3)(f) — 1 case
— Ky. Rev. Stat. § 510.020(4) — 1 case
— Ky. Rev. Stat. § 510.020(a) — 1 case
David Alan Jenkins v. Commonwealth of Kentucky, 496 S.W.3d 435 (Ky. 2016).
“"Lack of consent" is expressly defined in KRS 510.020 in pertinent part as follows: (1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim.”
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