510.120 Sexual abuse in the second degree.
283 words·~1 min read·
/ky/chapter-510/510-120A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A person is guilty of sexual abuse in the second degree when:
(a)He or she is at least eighteen
(18)years old but less than twenty-one
(21)years
old and subjects another person who is less than sixteen
(16)years old to
sexual contact;
(b)Being a jailer, or an employee, contractor, vendor, or volunteer of the
Department of Corrections, Department of Juvenile Justice, or a detention
facility as defined in KRS 520.010, or of an entity under contract with either
department or a detention facility for the custody, supervision, evaluation, or
treatment of offenders, he or she subjects a person who is at least eighteen
(18)years old and who he or she knows is incarcerated, supervised, evaluated,
or treated by the Department of Corrections, Department of Juvenile Justice,
detention facility, or contracting entity, to sexual contact; or
(c)Being a peace officer, while serving in his or her official capacity, he or she
subjects a person who the officer:
1. Arrested, held in custody, or investigated for commission of a traffic or
criminal offense; or
2. Knew or should have known was under arrest, held in custody, or being
investigated for commission of a traffic or criminal offense;
to sexual contact.
(2)In any prosecution under subsection (1)(a) of 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 five
(5)years older than the other person.
(3)Sexual abuse in the second degree is a Class A misdemeanor.