(1) A person is guilty of sodomy in the second degree when:
(a) Being eighteen (18) years old or more, he or she engages in deviate sexual
intercourse with another person less than fourteen (14) years old; or
(b) He or she engages in deviate 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) Sodomy 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. 5, effective July 15, 2024. -- Amended
2018 Ky. Acts ch. 109, sec. 3, effective July 14, 2018. -- Amended 2002 Ky. Acts
ch. 259, sec. 4, effective July 15, 2002. -- Created 1974 Ky. Acts ch. 406, sec. 88,
effective January 1, 1975.
Notes of Decisions
Miller v. Commonwealth, 77 S.W.3d 566 (Ky. 2002).
· cites it 2× “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.”
Dickerson v. Commonwealth, 174 S.W.3d 451 (Ky. 2005).
· cites it 2× “" Pursuant to a plea agreement consummated on May 31, 1989, Appellant was convicted of one count of sodomy in the second degree ("sodomy 2nd"), a Class C felony premised upon the victim being between twelve and fourteen years of age or mentally incapacitated, KRS 510.080; and…”
Sanderson v. Commonwealth, 291 S.W.3d 610 (Ky. 2009).
· cites it 2× “KRS 510.080(2). [2] First-Degree Sexual Abuse is a Class D felony.”
Gibbs v. Commonwealth, 208 S.W.3d 848 (Ky. 2006).
· cites it 2× “[38] KRS 510.080; KRS 510.050; KRS 510.120; KRS 510.”
Jonathan McDaniel v. Commonwealth of Kentucky, 495 S.W.3d 115 (Ky. 2016).
“In January 2011, John Martin pled guilty in the Anderson Circuit Court to six counts of first-degree sex abuse, to two counts of second-degree sodomy (KRS 510.080, a class C felony), and to one count each of second and third-degree rape (KRS 510.”
Gordon v. Commonwealth, 214 S.W.3d 921 (Ky. Ct. App. 2007).
“KRS 510.080(l)(a). 10 . Parker v. Commonwealth, 952 S.”
Caraway v. Commonwealth, 459 S.W.3d 849 (Ky. 2015).
“050, two counts of sodomy in the second degree, KRS 510.080, two counts of sexual abuse in the first degree, KRS 510.”
Commonwealth v. Newman, 145 S.W.3d 416 (Ky. Ct. App. 2004).
“Accordingly, since Newman was not required to register as a sex offender, the trial court did not err by dismissing the indictment against him.”
Hughes v. Commonwealth, 445 S.W.3d 556 (Ky. 2014).
“KRS 510.080 provides, among other things, that a person prosecuted for having engaged in sexual intercourse with another person who was too young to consent “may prove in exculpation that at the time he engaged in the conduct constituting the offense he did not know of the facts…”
C.S., a Child Under Eighteen v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
· cites it 2× ““A lesser offense may be treated as a lesser-included offense if it does not require proof of a fact not required 3 The statute was amended effective July 14, 2018. As the circuit court correctly noted, a charge under similar facts occurring after that date would be sodomy in…”
— Ky. Rev. Stat. § 510.080(1)(a) — 2 cases
— Ky. Rev. Stat. § 510.080(1)(b) — 1 case
C.S., a Child Under Eighteen v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
““A lesser offense may be treated as a lesser-included offense if it does not require proof of a fact not required 3 The statute was amended effective July 14, 2018. As the circuit court correctly noted, a charge under similar facts occurring after that date would be sodomy in…”
— Ky. Rev. Stat. § 510.080(2) — 4 cases
— Ky. Rev. Stat. § 510.080(a) — 1 case
— Ky. Rev. Stat. § 510.080(l)(a) — 1 case
Gordon v. Commonwealth, 214 S.W.3d 921 (Ky. Ct. App. 2007).
“KRS 510.080(l)(a). 10 . Parker v. Commonwealth, 952 S.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.