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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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