(1) A person is guilty of sexual abuse in the first degree when:
(a) He or she subjects another person to sexual contact by forcible compulsion; or
(b) He or she subjects another person to sexual contact who is incapable of
consent because he or she:
1. Is physically helpless;
2. Is less than twelve (12) years old;
3. Is mentally incapacitated; or
4. Is an individual with an intellectual disability; or
(c) Being twenty-one (21) years old or more, he or she:
1. Subjects another person who is less than sixteen (16) years old to sexual
contact;
2. Engages in masturbation in the presence of another person who is less
than sixteen (16) years old and knows or has reason to know the other
person is present; or
3. Engages in masturbation while using the Internet, telephone, or other
electronic communication device while communicating with a minor
who the person knows is less than sixteen (16) years old, and the minor
can see or hear the person masturbate; or
(d) Being a person in a position of authority or position of special trust, as defined
in KRS 532.045, he or she, regardless of his or her age, subjects a minor who
is less than eighteen (18) years old, with whom he or she comes into contact
as a result of that position, to sexual contact or engages in masturbation in the
presence of the minor and knows or has reason to know the minor is present
or engages in masturbation while using the Internet, telephone, or other
electronic communication device while communicating with a minor who the
person knows is less than sixteen (16) years old, and the minor can see or hear
the person masturbate.
(2) Sexual abuse in the first degree is a Class D felony, unless the victim is less than
twelve (12) years old, in which case the offense shall be a Class C felony.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 109, sec. 5, effective July 14, 2018. -- Amended
2008 Ky. Acts ch. 72, sec. 1, effective July 15, 2008. -- Amended 2006 Ky. Acts ch.
182, sec. 33, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 259, sec. 5,
effective July 15, 2002. -- Created 1974 Ky. Acts ch. 406, sec. 91, effective January
1, 1975.
Notes of Decisions
Cited in
138
cases (
50 in the last 5 years), 1977–2026 · leading case:
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013).
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013).
· cites it 44× “Unlike the rest of KRS 510.110, subsection (l)(d) specifically avoids mentioning consent, and instead identifies a specific “trustful relationship,” KRS 510.”
Turner v. Commonwealth, 345 S.W.3d 844 (Ky. 2011).
· cites it 7× “020 or KRS 510.110. Thus, the Commonwealth bore no burden to prove venue as an element of the offense.”
Harp v. Commonwealth, 266 S.W.3d 813 (Ky. 2008).
· cites it 2× “[50] KRS 510.110, which governs sexual abuse in the first degree, requires a person to subject "another person" to sexual contact.”
Gibbs v. Commonwealth, 208 S.W.3d 848 (Ky. 2006).
· cites it 4× “[24] KRS 510.110. [25] KRS 510.010(2); see also Robert G.”
Clark v. Commonwealth, 223 S.W.3d 90 (Ky. 2007).
· cites it 2× “" [28] See, e.g., Buford, 197 S.W.3d at 71 ("We recount these arguments to demonstrate that given two factual scenarios, clever attorneys on each side can invariably muster long lists of facts and inferences supporting both similarities and differences between the prior bad acts…”
Mash v. Commonwealth, 376 S.W.3d 548 (Ky. 2012).
· cites it 3× “Sexual abuse requires “sexual contact,” KRS 510.110, which means “touching of the sexual or other intimate parts of a person,” KRS 510.”
Combs v. Commonwealth, 198 S.W.3d 574 (Ky. 2006).
· cites it 3× “KRS 510.110(1) provides in pertinent part: A person is guilty of sexual abuse in the first degree when: [[Image here]] (b) He subjects another person to sexual contact who is incapable of consent because he: [[Image here]] 2.”
Commonwealth v. Pridham, 394 S.W.3d 867 (Ky. 2012).
· cites it 2× “To that end, the Commonwealth agreed to dismiss the 1999 sodomy indictment and to issue an information charging Cox with two counts of first-degree sexual abuse, a class D felony (KRS 510.110 (2002)). 3 The recommended sentence would remain ten years (five years on each count)…”
Nery J. Ruiz v. Commonwealth of Kentucky, 471 S.W.3d 675 (Ky. 2015).
· cites it 2× “Based upon Linda's allegations, Appellant was indicted on three counts of sexual abuse (KRS 510.110) and three counts of first-degree sodomy (KRS 510.”
Commonwealth v. English, 993 S.W.2d 941 (Ky. 1999).
“Appellee, Jesse James English, was convicted in the McCracken Circuit Court of two counts of sexual abuse in the first degree, KRS 510.110(l)(b)2, and was sentenced to five years imprisonment on each count.”
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981).
· cites it 2× “070), one count of first-degree sexual abuse (KRS 510.110), and twenty counts of using a minor in a sexual performance (KRS 531.”
Murphy v. Commonwealth, 509 S.W.3d 34 (Ky. 2017).
“010(2) defines “forcible compulsion” as “physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any offense…”
— Ky. Rev. Stat. § 510.110(1) — 6 cases
Mash v. Commonwealth, 376 S.W.3d 548 (Ky. 2012).
“Sexual abuse requires “sexual contact,” KRS 510.110, which means “touching of the sexual or other intimate parts of a person,” KRS 510.”
Gibbs v. Commonwealth, 208 S.W.3d 848 (Ky. 2006).
“[24] KRS 510.110. [25] KRS 510.010(2); see also Robert G.”
Combs v. Commonwealth, 198 S.W.3d 574 (Ky. 2006).
“KRS 510.110(1) provides in pertinent part: A person is guilty of sexual abuse in the first degree when: [[Image here]] (b) He subjects another person to sexual contact who is incapable of consent because he: [[Image here]] 2.”
— Ky. Rev. Stat. § 510.110(1)(a) — 6 cases
— Ky. Rev. Stat. § 510.110(1)(b) — 7 cases
— Ky. Rev. Stat. § 510.110(1)(b)(1) — 1 case
— Ky. Rev. Stat. § 510.110(1)(b)(2) — 3 cases
— Ky. Rev. Stat. § 510.110(1)(b)(ii) — 1 case
— Ky. Rev. Stat. § 510.110(1)(c) — 3 cases
— Ky. Rev. Stat. § 510.110(1)(c)(1) — 2 cases
— Ky. Rev. Stat. § 510.110(1)(c)(2) — 2 cases
— Ky. Rev. Stat. § 510.110(1)(d) — 5 cases
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013).
“Unlike the rest of KRS 510.110, subsection (l)(d) specifically avoids mentioning consent, and instead identifies a specific “trustful relationship,” KRS 510.”
— Ky. Rev. Stat. § 510.110(2) — 11 cases
— Ky. Rev. Stat. § 510.110(3)(c)(1) — 1 case
— Ky. Rev. Stat. § 510.110(b) — 1 case
Clark v. Commonwealth, 223 S.W.3d 90 (Ky. 2007).
“" [28] See, e.g., Buford, 197 S.W.3d at 71 ("We recount these arguments to demonstrate that given two factual scenarios, clever attorneys on each side can invariably muster long lists of facts and inferences supporting both similarities and differences between the prior bad acts…”
— Ky. Rev. Stat. § 510.110(b)(2) — 1 case
— Ky. Rev. Stat. § 510.110(c) — 1 case
— Ky. Rev. Stat. § 510.110(d) — 1 case
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013).
“Unlike the rest of KRS 510.110, subsection (l)(d) specifically avoids mentioning consent, and instead identifies a specific “trustful relationship,” KRS 510.”
— Ky. Rev. Stat. § 510.110(l)(a) — 2 cases
— Ky. Rev. Stat. § 510.110(l)(b) — 7 cases
Commonwealth v. English, 993 S.W.2d 941 (Ky. 1999).
“Appellee, Jesse James English, was convicted in the McCracken Circuit Court of two counts of sexual abuse in the first degree, KRS 510.110(l)(b)2, and was sentenced to five years imprisonment on each count.”
Combs v. Commonwealth, 198 S.W.3d 574 (Ky. 2006).
“KRS 510.110(1) provides in pertinent part: A person is guilty of sexual abuse in the first degree when: [[Image here]] (b) He subjects another person to sexual contact who is incapable of consent because he: [[Image here]] 2.”
— Ky. Rev. Stat. § 510.110(l)(b)(2) — 5 cases
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981).
“070), one count of first-degree sexual abuse (KRS 510.110), and twenty counts of using a minor in a sexual performance (KRS 531.”
— Ky. Rev. Stat. § 510.110(l)(b)(ii) — 1 case
— Ky. Rev. Stat. § 510.110(l)(d) — 4 cases
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013).
“Unlike the rest of KRS 510.110, subsection (l)(d) specifically avoids mentioning consent, and instead identifies a specific “trustful relationship,” KRS 510.”
Turner v. Commonwealth, 345 S.W.3d 844 (Ky. 2011).
“020 or KRS 510.110. Thus, the Commonwealth bore no burden to prove venue as an element of the offense.”
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.