510.010 Definitions for chapter.
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/ky/chapter-510/510-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The following definitions apply in this chapter unless the context otherwise requires:
(1)"Deviate sexual intercourse" means any act of sexual gratification involving the sex
organs of one person and the mouth or anus of another; or penetration of the anus of
one person by any body part or a foreign object manipulated by another person.
"Deviate sexual intercourse" does not include penetration of the anus by any body
part or a foreign object in the course of the performance of generally recognized
health-care practices;
(2)"Forcible compulsion" means 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 under this chapter. Physical resistance on the part of the victim shall not
be necessary to meet this definition;
(3)"Mental illness" means a diagnostic term that covers many clinical categories,
typically including behavioral or psychological symptoms, or both, along with
impairment of personal and social function, and specifically defined and clinically
interpreted through reference to criteria contained in the Diagnostic and Statistical
Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of
the American Psychiatric Association;
(4)"Individual with an intellectual disability" means a person with significantly
subaverage general intellectual functioning existing concurrently with deficits in
adaptive behavior and manifested during the developmental period, as defined in
KRS Chapter 202B;
(5)"Mentally incapacitated" means that a person is rendered temporarily incapable of
appraising or controlling his or her conduct as a result of the influence of an
intoxicating substance administered to him or her without his or her consent or as a
result of any other act committed upon him or her without his or her consent;
(6)"Physically helpless" means that a person is unconscious or for any other reason is
physically unable to communicate unwillingness to an act. "Physically helpless"
also includes a person who has been rendered unconscious or for any other reason is
physically unable to communicate an unwillingness to an act as a result of the
influence of a controlled substance or legend drug;
(7)"Sexual contact" means the touching of a person's intimate parts or the touching of
the clothing or other material intended to cover the immediate area of a person's
intimate parts, if that touching can be construed by a reasonable person as being
done:
(a)For the purpose of sexual arousal or gratification of either party;
(b)For a sexual purpose; or
(c)In a sexual manner for the purpose of:
1. Exacting revenge or retribution;
2. Humiliating or degrading; or
3. Punishment;
(8)"Sexual intercourse" means sexual intercourse in its ordinary sense and includes
penetration of the sex organs of one person by any body part or a foreign object
manipulated by another person. Sexual intercourse occurs upon any penetration,
however slight; emission is not required. "Sexual intercourse" does not include
penetration of the sex organ by any body part or a foreign object in the course of the
performance of generally recognized health-care practices;
(9)"Foreign object" means anything used in commission of a sexual act other than the
person of the actor;
(10)"Registrant" has the same meaning as in KRS 17.500; and
(11)"Adult intermediary" means a person who is age eighteen
(18)years or older, who
communicates with another for the purpose of procuring or promoting the use of a
minor in violation of KRS 510.155.