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

Ky. Rev. Stat. § 510.130 (2026)

Sexual abuse in the third degree

✓ current as of May 2026
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(1) A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent. (2) In any prosecution under this section, it is a defense that: (a) The other person's lack of consent was due solely to incapacity to consent by reason of being less than sixteen (16) years old; and (b) The other person was at least fourteen (14) years old; and (c) The actor was less than eighteen (18) years old. (3) Sexual abuse in the third degree is a Class B misdemeanor. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 72, sec. 3, effective July 15, 2008. -- Created 1974 Ky. Acts ch. 406, sec. 93, effective January 1, 1975. Legislative Research Commission Note (7/15/2008). The numbering of subsections in this section has been altered by the Reviser of Statutes from the numbering in 2008 Ky. Acts ch. 72, sec. 3, under the authority of KRS 7.136.

Notes of Decisions
Cited in 17 cases (8 in the last 5 years), 1984–2025 · leading case: Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005).
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Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005). · cites it 8× “KRS 510.130. The instructions given at trial allowed the jury to find that Hillard was guilty of unlawful transaction with a minor in the first degree if it found that Hillard "knowingly induced, assisted, or caused [A.”
Blue Movies, Inc. v. Louisville/Jefferson Cnty. Metro Gov't, 317 S.W.3d 23 (Ky. 2010). · cites it 2× “See KRS 510.130. Accordingly, we adjudge that the "no touch" provision in this case is unconstitutionally overbroad.”
Hale v. Commonwealth, 396 S.W.3d 841 (Ky. 2013). · cites it 3× “” KRS 510.130, the third-degree sexual abuse statute, among other things, makes it a Class B misdemeanor for a person at least eighteen years old to “subject[ ] another person to sexual contact without the latter’s consent,” including instances where the other person’s lack of…”
Commonwealth v. McFerron, 680 S.W.2d 924 (Ky. 1984). · cites it 2× “Clarence Kirby was convicted of rape in the first degree, KRS 510.”
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013). “See KRS 510.130(1). Each statute would have one element in common — sexual contact — -but would also have an element that the other does not, which would allow conviction for both if the victim did not consent and was also under 18 and abused by a person in a position of trust…”
Turner v. Commonwealth, 345 S.W.3d 844 (Ky. 2011). “120 (second-degree); KRS 510.130 (third-degree). 1 It is possible that Appellant committed first-degree sexual abuse under the framework outlined in KRS 510.”
Turney v. Commonwealth, 159 S.W.3d 818 (Ky. Ct. App. 2004). · cites it 2× “KRS 510.130. Our determination is focused on whether there was sufficient proof of sexual contact (as defined in KRS 510.”
Williams v. Commonwealth, 233 S.W.3d 206 (Ky. Ct. App. 2007). “” We mention this because the description appears more consistent with sexual abuse in the third degree, a Class B misdemeanor defined in KRS 510.130 and requiring proof that another person was subjected "to sexual contact without the latter’s consent,” than it is with sexual…”
Alexander v. The Univ. of Kentucky (E.D. Ky. 2025). · cites it 6× “110(1)(a) 4 KRS § 510.130 sexual intercourse . . . with another person without the latter’s consent”); KRS § 510.”
Christopher Andrew Clan v. Hope Maire Streble (Ky. Ct. App. 2025). · cites it 3× “In determining whether sexual abuse occurred, family courts regularly refer to KRS 510.130. See, e.g., Jones v. Jones, 617 S.”
B.L. v. Schuhmann, 380 F. Supp. 3d 614 (2019). “120, KRS 510.130, KRS 510.140, or KRS 510.150.”
Johnathan Jones v. Glynis Maria Jones (Ky. Ct. App. 2021). · cites it 2× “2018) (citing Baird 3 KRS 510.130, a Class B misdemeanor. -7- v.”
Show all 17 citing cases →
— Ky. Rev. Stat. § 510.130(1) — 5 cases
Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005). “KRS 510.130. The instructions given at trial allowed the jury to find that Hillard was guilty of unlawful transaction with a minor in the first degree if it found that Hillard "knowingly induced, assisted, or caused [A.”
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013). “See KRS 510.130(1). Each statute would have one element in common — sexual contact — -but would also have an element that the other does not, which would allow conviction for both if the victim did not consent and was also under 18 and abused by a person in a position of trust…”
Johnathan Jones v. Glynis Maria Jones (Ky. Ct. App. 2021). “2018) (citing Baird 3 KRS 510.130, a Class B misdemeanor. -7- v.”
Aaron M. Eastham, II v. Commonwealth of Kentucky (Ky. Ct. App. 2023).
Christopher Andrew Clan v. Hope Maire Streble (Ky. Ct. App. 2025). “In determining whether sexual abuse occurred, family courts regularly refer to KRS 510.130. See, e.g., Jones v. Jones, 617 S.”
— Ky. Rev. Stat. § 510.130(l)(a) — 1 case
Turney v. Commonwealth, 159 S.W.3d 818 (Ky. Ct. App. 2004). “KRS 510.130. Our determination is focused on whether there was sufficient proof of sexual contact (as defined in KRS 510.”
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