(1) A person is guilty of rape in the third degree when:
(a) Being twenty-one (21) years old or more, he or she engages in sexual
intercourse with another person less than sixteen (16) years old;
(b) Being at least ten (10) years older than a person who is sixteen (16) or
seventeen (17) years old at the time of sexual intercourse, he or she engages in
sexual intercourse with the person;
(c) Being twenty-one (21) years old or more, he or she engages in sexual
intercourse with another person less than eighteen (18) years old and for
whom he or she provides a foster family home as defined in KRS 600.020;
(d) Being a person in a position of authority or position of special trust, as defined
in KRS 532.045, he or she engages in sexual intercourse with a minor under
eighteen (18) years old with whom he or she comes into contact as a result of
that position;
(e) Being a jailer, or an employee, contractor, vendor, or volunteer of the
Department of Corrections, Department of Juvenile Justice, or a detention
facility as defined in KRS 520.010, or of an entity under contract with either
department or a detention facility for the custody, supervision, evaluation, or
treatment of offenders, he or she subjects a person who he or she knows is
incarcerated, supervised, evaluated, or treated by the Department of
Corrections, Department of Juvenile Justice, detention facility, or contracting
entity, to sexual intercourse; or
(f) Being a peace officer, while serving in his or her official capacity, he or she
subjects a person who the officer:
1. Arrested, held in custody, or investigated for commission of a traffic or
criminal offense; or
2. Knew or should have known was under arrest, held in custody, or being
investigated for commission of a traffic or criminal offense;
to sexual intercourse.
(2) Rape in the third degree is a Class D felony.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 135, sec. 1, effective June 29, 2021. -- Amended
2018 Ky. Acts ch. 43, sec. 3, effective July 14, 2018; and ch. 109, sec. 2, effective
July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 127, effective July 12, 2012;
and ch. 148, sec. 2, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 26, sec. 1,
effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 182, sec. 31, effective July
12, 2006. -- Amended 2002 Ky. Acts ch. 259, sec. 7, effective July 15, 2002; and
ch.282, sec. 1, effective July 15, 2002. -- Amended 1988 Ky. Acts ch. 283, sec. 12,
effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 86, effective January
1, 1975.
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 3 of that Act.
Notes of Decisions
Miller v. Commonwealth, 283 S.W.3d 690 (Ky. 2009).
· cites it 4× “KRS 510.060 criminalizes third-degree rape.”
United States v. Harry Lewis Ivory, 475 F.3d 1232 (11th Cir. 2007).
· cites it 3× “060(1) provides in full: A person is guilty of rape in the third degree when: (a) He engages in sexual intercourse with another person who is incapable of consent because he or she is mentally retarded; (b) Being twenty-one (21) years old or more, he or she engages in sexual…”
Yates v. Commonwealth, 430 S.W.3d 883 (Ky. 2014).
· cites it 2× “See KRS 510.060. But if, as argued by the Commonwealth, any physical touching is sufficient to meet the element of forcible compulsion, then all such instances of adult-minor sex will be elevated to first-degree rape.”
Gibbs v. Commonwealth, 208 S.W.3d 848 (Ky. 2006).
· cites it 2× “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.”
State v. Bartlett, 830 P.2d 823 (Ariz. 1992).
· cites it 2× “§§ 21-3503, 21-4501 (3 to 20 years); Ky. Rev. Stat. Ann. § 510.060 (1 to 5 years); La.”
Salsman v. Commonwealth, 565 S.W.2d 638 (Ky. Ct. App. 1978).
· cites it 2× “040 (rape in the first degree) with KRS 510.060 (rape in the second degree). Forcible compulsion places the victim in fear of death or physical injury.”
Hale v. Commonwealth, 396 S.W.3d 841 (Ky. 2013).
· cites it 3× “140) could be punished as a Class B felony under the UTM statute, or, as in this case, that conduct that could be regarded as third-degree rape, a Class D felony under KRS 510.060, could be punished as a UTM Class B felony.”
Commonwealth v. Cox, 837 S.W.2d 898 (Ky. 1992).
· cites it 2× “Appellee, Kenneth Cox, was convicted in the Menifee Circuit Court of four counts of rape in the third degree (KRS 510.060(1)(b), sexual intercourse between a person being 21 or more years of age with a person less than 16 years of age), and one count of sodomy in the third…”
— Ky. Rev. Stat. § 510.060(1) — 1 case
United States v. Harry Lewis Ivory, 475 F.3d 1232 (11th Cir. 2007).
“060(1) provides in full: A person is guilty of rape in the third degree when: (a) He engages in sexual intercourse with another person who is incapable of consent because he or she is mentally retarded; (b) Being twenty-one (21) years old or more, he or she engages in sexual…”
— Ky. Rev. Stat. § 510.060(1)(a) — 1 case
— Ky. Rev. Stat. § 510.060(1)(b) — 2 cases
Commonwealth v. Cox, 837 S.W.2d 898 (Ky. 1992).
“Appellee, Kenneth Cox, was convicted in the Menifee Circuit Court of four counts of rape in the third degree (KRS 510.060(1)(b), sexual intercourse between a person being 21 or more years of age with a person less than 16 years of age), and one count of sodomy in the third…”
— Ky. Rev. Stat. § 510.060(1)(d) — 1 case
— Ky. Rev. Stat. § 510.060(1)(e) — 1 case
— Ky. Rev. Stat. § 510.060(2) — 1 case
— Ky. Rev. Stat. § 510.060(b) — 1 case
— Ky. Rev. Stat. § 510.060(l)(b) — 6 cases
Yates v. Commonwealth, 430 S.W.3d 883 (Ky. 2014).
“See KRS 510.060. But if, as argued by the Commonwealth, any physical touching is sufficient to meet the element of forcible compulsion, then all such instances of adult-minor sex will be elevated to first-degree rape.”
United States v. Harry Lewis Ivory, 475 F.3d 1232 (11th Cir. 2007).
“060(1) provides in full: A person is guilty of rape in the third degree when: (a) He engages in sexual intercourse with another person who is incapable of consent because he or she is mentally retarded; (b) Being twenty-one (21) years old or more, he or she engages in sexual…”
Commonwealth v. Cox, 837 S.W.2d 898 (Ky. 1992).
“Appellee, Kenneth Cox, was convicted in the Menifee Circuit Court of four counts of rape in the third degree (KRS 510.060(1)(b), sexual intercourse between a person being 21 or more years of age with a person less than 16 years of age), and one count of sodomy in the third…”
— Ky. Rev. Stat. § 510.060(l)(d) — 1 case
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.