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510.020 Lack of consent.
(1)
(2)
(3)
(4)
Whether or not specifically stated, it is an element of every offense defined in this
chapter that the sexual act was committed without consent of the victim.
Lack of consent results from:
(a) Forcible compulsion;
(b) Incapacity to consent; or
(c) If the offense charged is sexual abuse, any circumstances in addition to
forcible compulsion or incapacity to consent in which the victim does not
expressly or impliedly acquiesce in the actor's conduct.
A person is deemed incapable of consent when he or she is:
(a) Less than sixteen (16) years old;
(b) An individual with an intellectual disability or an individual that suffers from
a mental illness;
(c) Mentally incapacitated;
(d) Physically helpless; or
(e) Under the care or custody of a state or local agency pursuant to court order
and the actor is employed by or working on behalf of the state or local agency.
The provisions of subsection (3)(e) of this section shall not apply to persons who
are lawfully married to each other and no court order is in effect prohibiting contact
between the parties.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 124, effective July 12, 2012. -Amended 2006 Ky. Acts ch. 182, sec. 30, effective July 12, 2006. -- Amended 1988
Ky. Acts ch. 283, sec. 10, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406,
sec. 82, effective January 1, 1975.
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