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Kentucky Definitions
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Definitions
KRS § 509.040 (2006) 509.040. Kidnapping.
(1) A person is guilty of kidnapping when he unlawfully restrains another person and when his intent is:
(a) To hold him for ransom or reward; or
(b) To accomplish or to advance the commission of a felony; or
(c) To inflict bodily injury or to terrorize the victim or another; or
(d) To interfere with the performance of a governmental or political function; or
(e) To use him as a shield or hostage; or
(f) To deprive the parents or guardian of the custody of a minor, when the person taking the minor is not a person exercising custodial control or supervision of the minor as the term "person exercising custodial control or supervision" is defined in KRS 600.020.
(2) Kidnapping is a Class B felony when the victim is released alive and in a safe place prior to trial, except as provided in this section. Kidnapping is a Class A felony when the victim is released alive but the victim has suffered serious physical injury during the kidnapping, or as a result of not being released in a safe place, or as a result of being released in any circumstances which are intended, known or should have been known to cause or lead to serious physical injury. Kidnapping is a capital offense when the victim is not released alive or when the victim is released alive but subsequently dies as a result of:
(a) Serious physical injuries suffered during the kidnapping; or
(b) Not being released in a safe place; or
(c) Being released in any circumstances which are intended, known or should have been known to cause or lead to the victim's death.
KRS § 509.020 (2006) 509.020. Unlawful imprisonment in the first degree.
(1) A person is guilty of unlawful imprisonment in the first degree when he knowingly and unlawfully restrains another person under circumstances which expose that person to a risk of serious physical injury.
(2) Unlawful imprisonment in the first degree is a Class D felony.
KRS § 510.120 (2006) 510.120. Sexual abuse in the second degree.
(1) A person is guilty of sexual abuse in the second degree when:
(a) He subjects another person to sexual contact who is incapable of consent because he is mentally retarded;
(b) He subjects another person who is less than fourteen (14) years old to sexual contact;
(c) Being an employee, contractor, vendor, or volunteer of the Department of Corrections, or a detention facility as defined in KRS 520.010, or of an entity under contract with either the department or a detention facility for the custody, supervision, evaluation, or treatment of offenders, he subjects an offender who is incarcerated, supervised, evaluated, or treated by the Department of Corrections, the detention facility, or the contracting entity, to sexual contact. In any prosecution under this paragraph, the defendant may prove in exculpation that, at the time he engaged in the conduct constituting the offense, he and the offender were married to each other; or
(d) Being twenty-one (21) years old or more, he subjects another person to sexual contact who is less than eighteen (18) years old and for whom he provides a foster family home as defined in KRS 600.020.
(2) Sexual abuse in the second degree is a Class A misdemeanor.
KRS § 510.130 (2006) 510.130. Sexual abuse in the third degree.
(1) A person is guilty of sexual abuse in the third degree when:
(a) He subjects another person to sexual contact without the latter's consent.
(b) In any prosecution under this section, it is a defense that:
1. 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
2. The other person was at least fourteen (14) years old; and
3. The actor was less than five (5) years older than the other person.
(2) Sexual abuse in the third degree is a Class B misdemeanor.
KRS § 529.030 (2006) 529.030. Promoting prostitution in the first degree.
(1) A person is guilty of promoting prostitution in the first degree when he knowingly:
(a) Advances prostitution by compelling a person by force or intimidation to engage in prostitution or profits from such coercive conduct by another; or
(b) Advances or profits from prostitution of a person less than eighteen (18) years old.
(2) Promoting prostitution in the first degree is a Class C felony:
(a) If it involves a violation of subsection (1)(a) of this section or if the minor so used is less than eighteen (18) years old at the time the minor engages in the prohibited activity;
(b) Class B felony if the minor so used is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and
(c) Class A felony if the minor so used incurs physical injury thereby.
KRS § 529.040 (2006) 529.040. Promoting prostitution in the second degree.
(1) A person is guilty of promoting prostitution in the second degree when he knowingly advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two (2) or more prostitutes.
(2) Promoting prostitution in the second degree is a Class D felony.
KRS § 529.050 (2006) 529.050. Promoting prostitution in the third degree.
(1) A person is guilty of promoting prostitution in the third degree when he knowingly advances or profits from prostitution.
(2) Promoting prostitution in the third degree is a Class A misdemeanor
KRS § 530.020 (2006) 530.020. Incest.
(1) A person is guilty of incest when he has sexual intercourse or deviate sexual intercourse, as defined in KRS 510.010, with a person whom he knows to be an ancestor, descendant, brother, or sister. The relationships referred to herein include blood relationships of either the whole or half blood without regard to legitimacy, relationship of parent and child by adoption, and relationship of stepparent and stepchild.
(2) Incest is a Class C felony.
KRS § 530.064 (2006) 530.064. Unlawful transaction with a minor in the first degree.
(1) A person is guilty of unlawful transaction with a minor in the first degree when he knowingly induces, assists, or causes a minor to engage in illegal sexual activity, or in illegal controlled substances activity other than activity involving marijuana, except those offenses involving minors in KRS Chapter 531 and KRS 529.030.
(2) Unlawful transaction with a minor is a:
(a) Class C felony if the minor so used is less than eighteen (18) years old at the time the minor engages in the prohibited activity;
(b) Class B felony if the minor so used is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and
(c) Class A felony if the minor so used incurs physical injury thereby.
KRS § 531.310 (2006) 531.310. Use of a minor in a sexual performance.
(1) A person is guilty of the use of a minor in a sexual performance if he employs, consents to, authorizes or induces a minor to engage in a sexual performance.
(2) Use of a minor in a sexual performance is:
(a) A Class C felony if the minor so used is less than eighteen (18) years old at the time the minor engages in the prohibited activity;
(b) A Class B felony if the minor so used is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and
(c) A Class A felony if the minor so used incurs physical injury thereby.
KRS § 531.320 (2006) 531.320. Promoting a sexual performance by a minor.
(1) A person is guilty of promoting a sexual performance by a minor when, knowing the character and content thereof, he produces, directs or promotes any performance which includes sexual conduct by a minor.
(2) Promoting a sexual performance by a minor is:
(a) A Class C felony if the minor involved in the sexual performance is less than eighteen (18) years old at the time the minor engages in the prohibited activity;
(b) A Class B felony if the minor involved in the sexual performance is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and
(c) A Class A felony if the minor involved in the sexual performance incurs physical injury thereby.
