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

Ky. Rev. Stat. § 510.070 (2026)

Sodomy in the first degree

✓ current as of May 2026
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(1) A person is guilty of sodomy in the first degree when: (a) He engages in deviate sexual intercourse with another person by forcible compulsion; or (b) He engages in deviate sexual intercourse with another person who is incapable of consent because he: 1. Is physically helpless; or 2. Is less than twelve (12) years old. (2) Sodomy in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 87, effective January 1, 1975.

Notes of Decisions
Cited in 104 cases (34 in the last 5 years), 1977–2025 · 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× “The jury so found and recommended sentences of twenty years' imprisonment for both crimes, the sentences to be served consecutively.”
Bennington v. Commonwealth, 348 S.W.3d 613 (Ky. 2011). · cites it 16× “Indecent or Immoral Practices with Another Appellant claims that his conviction for first-degree sodomy for oral sex with his daughter alleged to have occurred in 1974 is flawed because he was indicted, prosecuted, and convicted under KRS 510.070, which did not go into effect…”
Shane v. Commonwealth, 243 S.W.3d 336 (Ky. 2007). · cites it 4× “The Commonwealth lodged a detainer for Appellant and upon his return to Kentucky a blood sample was taken which matched the profile obtained from the cigarette butt.”
Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002). · cites it 4× “070(1)(b)(2)), or "by force or threat of force after her 12th birthday" (Class B felony, KRS 510.070(1)(a)). Based on A.M.'s testimony, the trial court selected July 31, 1996, through September 1, 1999, as the maximum inclusive dates of the sexual offenses, which was then…”
Dickerson v. Commonwealth, 174 S.W.3d 451 (Ky. 2005). · cites it 4× “Sodomy; KRS 510.070. Captain Ward had prepared separate reports on the sodomy and handgun charges.”
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001). · cites it 4× “040(2) and KRS 510.070(2). It is a defense to those offenses that the defendant did not know the age status of the victim.”
Kentucky v. Stincer, 482 U.S. 730 (1987). · cites it 2× “, a 5-year-old boy, in violation of Ky. Rev. Stat. § 510.070 (1985). After a jury was sworn, but before the presentation of evidence, the court conducted an in-chambers hearing to determine if the two young girls were competent to testify.”
Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002). · cites it 6× “200 (Capital First Degree Use of a Weapon of Mass Destruction), and will therefore be violent offenses whenever committed, the same generalization is not true as to Class A felonies and Class B felonies.”
Benet v. Commonwealth, 253 S.W.3d 528 (Ky. 2008). · cites it 3× “In his reply brief, Benet withdraws his challenge to KRS 510.070. We must assume, therefore, that any reference to KRS 510.”
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981). · cites it 3× “A Fayette County Grand Jury, on November 12, 1979, returned an indictment against the appellant charging him with eight counts of first-degree sodomy (KRS 510.070), one count of first-degree sexual abuse (KRS 510.”
Mash v. Commonwealth, 376 S.W.3d 548 (Ky. 2012). · cites it 3× “Sodomy, on the other hand, requires “deviate sexual intercourse,” KRS 510.070, which means “any act of sexual gratification involving the sex organs of one (1) person and the mouth or anus of another,” KRS 510.”
Nery J. Ruiz v. Commonwealth of Kentucky, 471 S.W.3d 675 (Ky. 2015). · cites it 2× “110) and three counts of first-degree sodomy (KRS 510.070). At trial, Linda testified that on many occasions within the five- month period, Appellant took her into his bedroom and subjected her to various forms of sexual contact, including anal sodomy, forcing her to perform…”
Show all 104 citing cases →
— Ky. Rev. Stat. § 510.070(1) — 6 cases
Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002). “200 (Capital First Degree Use of a Weapon of Mass Destruction), and will therefore be violent offenses whenever committed, the same generalization is not true as to Class A felonies and Class B felonies.”
Bowen v. Haney, 622 F. Supp. 2d 516 (W.D. Ky. 2008).
Billy Drace, Jr. v. Commonwealth of Kentucky (Ky. 2020).
C.S., a Child Under Eighteen v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
Jerry Boggess v. Commonwealth of Kentucky (Ky. 2025).
— Ky. Rev. Stat. § 510.070(1)(a) — 10 cases
Edmonds v. Commonwealth, 189 S.W.3d 558 (Ky. 2006).
Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002). “070(1)(b)(2)), or "by force or threat of force after her 12th birthday" (Class B felony, KRS 510.070(1)(a)). Based on A.M.'s testimony, the trial court selected July 31, 1996, through September 1, 1999, as the maximum inclusive dates of the sexual offenses, which was then…”
Mash v. Commonwealth, 376 S.W.3d 548 (Ky. 2012). “Sodomy, on the other hand, requires “deviate sexual intercourse,” KRS 510.070, which means “any act of sexual gratification involving the sex organs of one (1) person and the mouth or anus of another,” KRS 510.”
Malone v. Commonwealth, 636 S.W.2d 647 (Ky. 1982).
Johnny Cowherd v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
— Ky. Rev. Stat. § 510.070(1)(b) — 5 cases
Young v. Commonwealth, 968 S.W.2d 670 (Ky. 1998).
James Edward Watts v. Commonwealth of Kentucky (Ky. 2025).
Lloyd Bandy v. Commonwealth of Kentucky (Ky. 2017).
Lloyd Bandy v. Commonwealth of Kentucky (Ky. 2017).
Charles Wayne French v. Commonwealth of Kentucky (Ky. 2006).
— Ky. Rev. Stat. § 510.070(1)(b)(2) — 4 cases
Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002). “070(1)(b)(2)), or "by force or threat of force after her 12th birthday" (Class B felony, KRS 510.070(1)(a)). Based on A.M.'s testimony, the trial court selected July 31, 1996, through September 1, 1999, as the maximum inclusive dates of the sexual offenses, which was then…”
Scott Stanton v. Commonwealth of Kentucky (Ky. Ct. App. 2023).
Ronnie Duvall v. Commonwealth of Kentucky (Ky. 2025).
William Shakespeare Watson v. Commonwealth of Kentucky (Ky. 2006).
— Ky. Rev. Stat. § 510.070(2) — 12 cases
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001). “040(2) and KRS 510.070(2). It is a defense to those offenses that the defendant did not know the age status of the victim.”
Dickerson v. Commonwealth, 174 S.W.3d 451 (Ky. 2005). “Sodomy; KRS 510.070. Captain Ward had prepared separate reports on the sodomy and handgun charges.”
Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002). “200 (Capital First Degree Use of a Weapon of Mass Destruction), and will therefore be violent offenses whenever committed, the same generalization is not true as to Class A felonies and Class B felonies.”
Newman v. Commonwealth, 366 S.W.3d 435 (Ky. 2012).
Bowen v. Haney, 622 F. Supp. 2d 516 (W.D. Ky. 2008).
— Ky. Rev. Stat. § 510.070(l)(a) — 10 cases
Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002). “070(1)(b)(2)), or "by force or threat of force after her 12th birthday" (Class B felony, KRS 510.070(1)(a)). Based on A.M.'s testimony, the trial court selected July 31, 1996, through September 1, 1999, as the maximum inclusive dates of the sexual offenses, which was then…”
Griffin v. Commonwealth, 576 S.W.2d 514 (Ky. 1978).
Chames v. Commonwealth, 405 S.W.3d 519 (Ky. Ct. App. 2012).
Gordon v. Commonwealth, 214 S.W.3d 921 (Ky. Ct. App. 2007).
Commonwealth v. Bell, 400 S.W.3d 278 (Ky. 2013).
— Ky. Rev. Stat. § 510.070(l)(b) — 3 cases
Stringer v. Commonwealth, 956 S.W.2d 883 (Ky. 1997).
Dunn v. Commonwealth, 360 S.W.3d 751 (Ky. 2012).
Benjamin Rochat v. Commonwealth of Kentucky (Ky. 2018).
— Ky. Rev. Stat. § 510.070(l)(b)(2) — 3 cases
Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002). “070(1)(b)(2)), or "by force or threat of force after her 12th birthday" (Class B felony, KRS 510.070(1)(a)). Based on A.M.'s testimony, the trial court selected July 31, 1996, through September 1, 1999, as the maximum inclusive dates of the sexual offenses, which was then…”
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981). “A Fayette County Grand Jury, on November 12, 1979, returned an indictment against the appellant charging him with eight counts of first-degree sodomy (KRS 510.070), one count of first-degree sexual abuse (KRS 510.”
King v. Commonwealth, 472 S.W.3d 523 (Ky. 2015).
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