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

Ky. Rev. Stat. § 510.140 (2026)

Sexual misconduct

✓ current as of May 2026
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(1) A person is guilty of sexual misconduct when he engages in sexual intercourse or deviate sexual intercourse with another person without the latter's consent. (2) Sexual misconduct is a Class A misdemeanor. Effective: January 1, 1975 History: 1974 Ky. Acts ch. 406, sec. 94, effective January 1, 1975.

Notes of Decisions
Cited in 27 cases (8 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 59× “KRS 510.140 provides (and provided in September 2005) as follows: (1) A person is guilty of sexual misconduct when he engages in sexual intercourse or deviate sexual intercourse with another person without the latter's consent.”
Murphy v. Commonwealth, 509 S.W.3d 34 (Ky. 2017). · cites it 4× “Murphy alleges multiple instances of prosecutorial misconduct in the Commonwealth’s closing argument. Specifically, Murphy argues that the Commonwealth engaged in a pattern of misconduct by: 1) ripping pages out of a criminal statute book; 2) raising his voice to Murphy and…”
Cooper v. Commonwealth, 550 S.W.2d 478 (Ky. 1977). · cites it 9× “” KRS 510.140 is as follows: (1) A person is guilty of sexual misconduct when he engages in sexual intercourse or deviate sexual intercourse with another person without the latter’s consent.”
Deno v. Commonwealth, 177 S.W.3d 753 (Ky. 2005). · cites it 3× “The Commonwealth responded to Appellant’s instruction request with the argument that the commentary of the sexual misconduct statute, KRS 510.140, states that it is intended to apply only to cases where the defendant and victim are of a young age.”
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981). · cites it 3× “-140 as follows: “But the basic purpose of KRS 510.140 is to preserve the concept of statutory rape and statutory sodomy.”
Murphy v. Commonwealth, 500 S.W.3d 827 (Ky. 2016). · cites it 2× “In making this claim, he focuses on Kentucky’s sexual-misconduct statute, KRS 510.140, which is aimed at “consensual” sexual conduct between juveniles.”
Yarnell v. Commonwealth, 833 S.W.2d 834 (Ky. 1992). · cites it 4× “My concern in this Opinion dissenting in part is with failure to submit to the jury, as requested, instructions on Sexual Misconduct, KRS 510.140, as lesser included offenses to the charges of committing forcible rape on Tanya on nine occasions, covering acts of sexual…”
Spencer v. Commonwealth, 554 S.W.2d 355 (Ky. 1977). · cites it 2× “Appellant therefore argues that since his testimony contradicted that of the victim as to the element of “forcible compulsion”, which must be present for convictions for first-degree rape and sodomy, he was entitled to an instruction on the lesser included offense of sexual…”
Johnson v. Commonwealth, 864 S.W.2d 266 (Ky. 1993). · cites it 2× “was fifteen at the time of the alleged offenses, and Johnson was seventeen, the giving of an instruction on sexual misconduct in this case would not have thwarted the long-standing rule that KRS 510.”
Patterson v. Commonwealth, 555 S.W.2d 607 (Ky. Ct. App. 1977). · cites it 3× “The appellants next contend that it was error for the trial court to refuse to instruct the jury on the offense of sexual misconduct [KRS 510.140]. We disagree. As the commentary to KRS 510.”
Commonwealth v. McFerron, 680 S.W.2d 924 (Ky. 1984). · cites it 2× “020(1), KRS 510.140. McFerron was sentenced to imprisonment for one year and a fine of $500.”
Hale v. Commonwealth, 396 S.W.3d 841 (Ky. 2013). · cites it 2× “130, or sexual misconduct, KRS 510.140) 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.”
Show all 27 citing cases →
— Ky. Rev. Stat. § 510.140(1) — 2 cases
Hale v. Boyle Cnty., Kentucky (W.D. Ky. 2020).
Charles M. Stowers v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
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