In any prosecution under this chapter in which the victim's lack of consent is based solely
on his incapacity to consent because he was less than sixteen (16) years old, an individual
with an intellectual disability, mentally incapacitated, or physically helpless, the
defendant may prove in exculpation that at the time he engaged in the conduct
constituting the offense he did not know of the facts or conditions responsible for such
incapacity to consent.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 125, effective July 12, 2012. --
Amended 1988 Ky. Acts ch. 283, sec. 11, effective July 15, 1988. -- Created 1974
Ky. Acts ch. 406, sec. 83, effective January 1, 1975.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1977–2024 · leading case:
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001).
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001).
· cites it 2× “KRS 510.030; see also KRS 531.330(2). Also illustrative is KRS 513.”
United States v. Wilson, 66 M.J. 39 (C.A.A.F. 2008).
· cites it 2× “§ 35-42-4-3 (c) (West 2007); Ky. Rev. Stat. Ann. § 510.030 (West 2007).”
Garnett v. State, 632 A.2d 797 (Md. 1993).
· cites it 2× “Ky. Rev. Stat. Ann. § 510.030 (1992). In Washington, the defendant may assert that he reasonably believed the complainant to be of a certain age based on the alleged victim's own declarations.”
State v. Yanez, 716 A.2d 759 (R.I. 1998).
· cites it 2× “§ 35-42-4-3(e) (reasonable mistake-of-fact defense to child molestation) and § 35-41-3-7 (mistake of fact generally); Ky.Rev.Stat.Ann. § 510.030 (Michie 1990); Tenn.”
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981).
“However, mistake as to age is a defense under KRS 510.030. The purpose in denominating such conduct between persons within the specified age groups as sexual misconduct rather than rape or sodomy is to eliminate an undesirable stigma.”
Cooper v. Commonwealth, 550 S.W.2d 478 (Ky. 1977).
“However, mistake as to age is a defense under KRS 510.030. “The purpose in denominating such conduct between persons within the specified age groups as sexual misconduct rather than rape or sodomy is to eliminate an undesirable stigma.”
Hughes v. Commonwealth, 445 S.W.3d 556 (Ky. 2014).
“”) and KRS 510.030 (“The defendant may prove in exculpation that at the time he engaged in the conduct constituting the offense he did not know of the facts or conditions responsible for .”
Jimmy Hall v. Commonwealth of Kentucky (Ky. 2018).
· cites it 2× “KRS 510.030 provides that: [i]n any prosecution under this chapter in which the victim's lack of consent is based solely on his incapacity to consent because he was less than sixteen (16) years old, an individual with an intellectual disability, mentally incapacitated, or…”
John W. Cariel v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
“-7- Cariel argues he was entitled to a directed verdict pursuant to KRS 510.030, which provides a defense to certain offenses where the victim is deemed incapable of consent: In any prosecution under this chapter in which the victim’s lack of consent is based solely on his or…”
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