(1) A person is guilty of unlawful transaction with a minor in the third degree when:
(a) Acting other than as a retail licensee, he knowingly sells, gives, purchases or
procures any alcoholic or malt beverage in any form to or for a minor. The
defendant may prove in exculpation that the sale was induced by the use of
false, fraudulent, or altered identification papers or other documents and that
the appearance and character of the purchaser were such that his age could not
have been ascertained by any other means and that the purchaser's appearance
and character indicated strongly that he was of legal age to purchase alcoholic
beverages. This subsection does not apply to a parent or guardian of the
minor;
(b) He knowingly induces, assists, or causes a minor to engage in any other
criminal activity;
(c) He knowingly induces, assists or causes a minor to become a habitual truant;
or
(d) He persistently and knowingly induces, assists or causes a minor to disobey
his parent or guardian.
(2) Unlawful transaction with a minor in the third degree is a Class A misdemeanor.
Effective: July 15, 1986
History: Amended 1986 Ky. Acts ch. 289, sec. 7, effective July 15, 1986. -- Amended
1984 Ky. Acts ch. 382, sec. 21, effective July 13, 1984. -- Amended 1978 Ky. Acts
ch. 219, sec. 11, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 263,
effective January 1, 1975.
Notes of Decisions
Cited in
17
cases (
5 in the last 5 years), 1986–2025 · leading case:
Hale v. Commonwealth, 396 S.W.3d 841 (Ky. 2013).
Hale v. Commonwealth, 396 S.W.3d 841 (Ky. 2013).
· cites it 9× “*846 As originally enacted in 1974, as part of the then-new Kentucky Penal Code, KRS 530.070, Unlawful Transaction With a Minor, combined general and particular aspects of pre-Code statutes meant to protect the welfare of minors.”
Commonwealth v. White, 3 S.W.3d 353 (Ky. 1999).
· cites it 5× “080, or KRS 530.070 should be used to prosecute employees of retail licensees for selling alcoholic beverages to minors.”
Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005).
· cites it 2× “, age fifteen, to engage in illegal sexual activity; and one count of unlawful transaction with a minor in the third degree, KRS 530.070(1)(a), a Class A misdemeanor, for knowingly giving an alcoholic beverage to N.”
Smith v. Commonwealth, 41 S.W.3d 458 (Ky. Ct. App. 2001).
· cites it 2× “065 for inducing a minor to engage in drug or gambling activity that was a misdemeanor and therefore would be covered by KRS 530.070. In any discussion of statutory interpretation, we begin with the principle that “our duty is to ascertain and give effect to the intent” of the…”
Collins v. Williams, 10 S.W.3d 493 (Ky. Ct. App. 1999).
· cites it 3× “However, KRS 530.070(l)(c) states that “[a] person is guilty of unlawful transaction with a minor in the third degree when: .”
Commonwealth v. Hager, 35 S.W.3d 377 (Ky. Ct. App. 2000).
· cites it 3× “The circuit court refused to address the constitutionality of KRS 530.070(1), due to Hager’s failure to give notice to the Attorney General as required by law.”
Young v. Commonwealth, 968 S.W.2d 670 (Ky. 1998).
“If the legislature had intended to limit the scope of this offense, it would have been a simple matter to have written the statute with that limitation, e.”
Bd. of Educ. of Hopkins Cnty. v. Wood, 717 S.W.2d 837 (Ky. 1986).
“In district court, on September 20, 1983, the Woods both signed a statement pleading guilty to unlawful transaction with a minor in violation of KRS 530.070, a misdemeanor. Officials of the Board of Education took the statements of the two girls on September 1, 1983 and on the…”
Kentucky State Bd. of Med. Licensure v. Ghali, 721 S.W.2d 731 (Ky. Ct. App. 1986).
· cites it 3× “On January 21, 1983, the State Board of Medical Licensure issued a Complaint against Ghali charging that he had been convicted of four counts of unlawful transaction with a minor in violation of KRS 530.070, in the Campbell District Court on November 10, 1982.”
Kentucky Bar Ass'n v. Wessell, 766 S.W.2d 628 (Ky. 1989).
“090, sodomy in the third degree, a Class D felony, and of two counts of violating KRS 530.070, unlawful transaction with a minor in the second degree, Class A misdemeanors.”
— Ky. Rev. Stat. § 530.070(1) — 3 cases
Commonwealth v. Hager, 35 S.W.3d 377 (Ky. Ct. App. 2000).
“The circuit court refused to address the constitutionality of KRS 530.070(1), due to Hager’s failure to give notice to the Attorney General as required by law.”
— Ky. Rev. Stat. § 530.070(1)(a) — 2 cases
Hillard v. Commonwealth, 158 S.W.3d 758 (Ky. 2005).
“, age fifteen, to engage in illegal sexual activity; and one count of unlawful transaction with a minor in the third degree, KRS 530.070(1)(a), a Class A misdemeanor, for knowingly giving an alcoholic beverage to N.”
— Ky. Rev. Stat. § 530.070(l)(b) — 1 case
Young v. Commonwealth, 968 S.W.2d 670 (Ky. 1998).
“If the legislature had intended to limit the scope of this offense, it would have been a simple matter to have written the statute with that limitation, e.”
— Ky. Rev. Stat. § 530.070(l)(c) — 2 cases
Collins v. Williams, 10 S.W.3d 493 (Ky. Ct. App. 1999).
“However, KRS 530.070(l)(c) states that “[a] person is guilty of unlawful transaction with a minor in the third degree when: .”
Commonwealth v. Hager, 35 S.W.3d 377 (Ky. Ct. App. 2000).
“The circuit court refused to address the constitutionality of KRS 530.070(1), due to Hager’s failure to give notice to the Attorney General as required by law.”
— Ky. Rev. Stat. § 530.070(l)(e) — 1 case
Collins v. Williams, 10 S.W.3d 493 (Ky. Ct. App. 1999).
“However, KRS 530.070(l)(c) states that “[a] person is guilty of unlawful transaction with a minor in the third degree when: .”
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