Ky. Rev. Stat. » Chapter 510
Kentucky Revised Statutes

Ky. Rev. Stat. § 510.050 (2026)

Rape in the second degree

✓ current as of May 2026
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(1) A person is guilty of rape in the second degree when: (a) Being eighteen (18) years old or more, he or she engages in sexual intercourse with another person less than fourteen (14) years old; or (b) He or she engages in sexual intercourse with another person who is mentally incapacitated or who is incapable of consent because he or she is an individual with an intellectual disability. (2) Rape in the second degree is a Class C felony, unless the defendant is a person in a position of authority or position of special trust as those terms are defined in KRS 532.045, in which case it is a Class B felony. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 106, sec. 4, effective July 15, 2024. -- Amended 2018 Ky. Acts ch. 109, sec. 1, effective July 14, 2018. -- Amended 2002 Ky. Acts ch. 259, sec. 3, effective July 15, 2002. -- Created 1974 Ky. Acts ch. 406, sec. 85, effective January 1, 1975.

Notes of Decisions
Cited in 27 cases (8 in the last 5 years), 2002–2026 · leading case: David Alan Jenkins v. Commonwealth of Kentucky, 496 S.W.3d 435 (Ky. 2016).
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David Alan Jenkins v. Commonwealth of Kentucky, 496 S.W.3d 435 (Ky. 2016). · cites it 4× “040, through Rape in the Second Degree under KRS 510.050 and Rape in the Third Degree under KRS 510.”
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). · cites it 3× “4 (l)(b)(3)(d); Ky.Rev.Stat. Ann. § 510.050(l)(a); La.Rev.”
Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002). · cites it 2× “'s twelfth birthday, and January 28, 1999, her fourteenth birthday (Class C felonies, KRS 510.050 and KRS 510.080); and 34 counts of third-degree rape and 17 counts of third-degree sodomy occurring between January 28, 1999 and September 1, 1999 (Class D felonies, KRS 510.”
Gibbs v. Commonwealth, 208 S.W.3d 848 (Ky. 2006). · cites it 2× “080; KRS 510.050; KRS 510.120; KRS 510.060. [1] Although it is even further afield than my current concern, I would also note that the unwaivability of a hearing required by the Fourteenth Amendment does not mean that an erroneous waiver is not subject to harmless error.”
Johnson v. Commonwealth, 292 S.W.3d 889 (Ky. 2009). “KRS 510.050(l)(a). Similarly, to satisfy the elements of third-degree rape, the Commonwealth was required to prove that Appellant was twenty-one (21) years of age or older when he engaged in *900 sexual intercourse with A.”
Jonathan McDaniel v. Commonwealth of Kentucky, 495 S.W.3d 115 (Ky. 2016). “080, a class C felony), and to one count each of second and third-degree rape (KRS 510.050, Class C felony, and 510.060, Class D felony).”
Robinson v. Commonwealth, 212 S.W.3d 100 (Ky. 2006). · cites it 2× “See KRS 510.050. Robinson was not entitled to an instruction under KRS 510.”
Caraway v. Commonwealth, 459 S.W.3d 849 (Ky. 2015). “On July 18, 2011, Caraway was indicted on two counts of rape in the second degree, KRS 510.050, two counts of sodomy in the second degree, KRS 510.”
Morningstar v. Haney, 625 F. Supp. 2d 434 (E.D. Ky. 2008). · cites it 4× “PROCEDURAL BACKGROUND The Petitioner was indicted by the Pike Circuit Court Grand Jury on four counts of Second Degree Rape, a violation of KRS § 510.050. The charges were based on the Petitioner engaging in sexual intercourse with a victim, identified as “C.”
Hughes v. Commonwealth, 445 S.W.3d 556 (Ky. 2014). “Eventually Hughes was identified as the likely father, and in August 2010 a Crittenden County grand jury issued an indictment charging him *562 with second-degree rape, as outlawed by KRS 510.050. That statute makes it a class C felony for a person “eighteen (18) years old or…”
Ronald Bullitt Jr v. Commonwealth of Kentucky (Ky. 2019). · cites it 3× “040: (1) A person is guilty of rape in the first degree when: (a) He engages in sexual intercourse with another person by forcible compulsion; or (b) He engages in sexual intercourse with another person who is incapable of consent because he: 7 eighteen (18) years old or more,…”
Jantzen Knight Brickeen v. Commonwealth of Kentucky (Ky. Ct. App. 2020). · cites it 2× “” KRS 510.050(1)(b). Mental incapacity is defined by KRS 510.”
Show all 27 citing cases →
— Ky. Rev. Stat. § 510.050(1) — 2 cases
Morningstar v. Haney, 625 F. Supp. 2d 434 (E.D. Ky. 2008). “PROCEDURAL BACKGROUND The Petitioner was indicted by the Pike Circuit Court Grand Jury on four counts of Second Degree Rape, a violation of KRS § 510.050. The charges were based on the Petitioner engaging in sexual intercourse with a victim, identified as “C.”
Bryant Maggard v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
— Ky. Rev. Stat. § 510.050(1)(a) — 1 case
Ronnie Duvall v. Commonwealth of Kentucky (Ky. 2025).
— Ky. Rev. Stat. § 510.050(1)(b) — 2 cases
Jantzen Knight Brickeen v. Commonwealth of Kentucky (Ky. Ct. App. 2020). “” KRS 510.050(1)(b). Mental incapacity is defined by KRS 510.”
Commonwealth of Kentucky v. Christopher Pederson (Ky. Ct. App. 2026).
— Ky. Rev. Stat. § 510.050(2) — 3 cases
William Roy Helm Jr v. Commonwealth of Kentucky (Ky. 2018).
Commonwealth of Kentucky v. William Roy Helm Jr (Ky. 2018).
Timothy Dwayne Morman v. Commonwealth of Kentucky (Ky. 2007).
— Ky. Rev. Stat. § 510.050(a) — 1 case
David Alan Jenkins v. Commonwealth of Kentucky, 496 S.W.3d 435 (Ky. 2016). “040, through Rape in the Second Degree under KRS 510.050 and Rape in the Third Degree under KRS 510.”
— Ky. Rev. Stat. § 510.050(l)(a) — 2 cases
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). “4 (l)(b)(3)(d); Ky.Rev.Stat. Ann. § 510.050(l)(a); La.Rev.”
Johnson v. Commonwealth, 292 S.W.3d 889 (Ky. 2009). “KRS 510.050(l)(a). Similarly, to satisfy the elements of third-degree rape, the Commonwealth was required to prove that Appellant was twenty-one (21) years of age or older when he engaged in *900 sexual intercourse with A.”
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