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KY. Rev. Stat. Ann. 510.050

510.050 Rape in the second degree.
(1) A person is guilty of rape in the second degree when:
(a) Being eighteen (18) years old or more, he or she engages in sexual intercourse
with another person less than fourteen (14) years old; or
(b) He or she engages in sexual intercourse with another person who is mentally
incapacitated or who is incapable of consent because he or she is an individual
with an intellectual disability.
(2) Rape in the second degree is a Class C felony.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 109, sec. 1, effective July 14, 2018. — Amended
2002 Ky. Acts ch. 259, sec. 3, effective July 15, 2002. — Created 1974 Ky. Acts ch.
406, sec. 85, effective January 1, 1975

KY. Rev. Stat. Ann. 510.040

510.040 Rape in the first degree.
(1) A person is guilty of rape in the first degree when:
(a) He engages in sexual intercourse with another person by forcible compulsion;
or
(b) He engages in sexual intercourse with another person who is incapable of
consent because he:
1. Is physically helpless; or
2. Is less than twelve (12) years old.
(2) Rape in the first degree is a Class B felony unless the victim is under twelve (12)
years old or receives a serious physical injury in which case it is a Class A felony.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 84, effective January 1, 1975.

KY. Rev. Stat. Ann. 510.060

532.060 Sentence of imprisonment for felony — Postincarceration supervision.
(1) A sentence of imprisonment for a felony shall be an indeterminate sentence, the
maximum of which shall be fixed within the limits provided by subsection (2), and
subject to modification by the trial judge pursuant to KRS 532.070.
(2) Unless otherwise provided by law, the authorized maximum terms of imprisonment
for felonies are:
(a) For a Class A felony, not less than twenty (20) years nor more than fifty (50)
years, or life imprisonment;
(b) For a Class B felony, not less than ten (10) years nor more than twenty (20)
years;
(c) For a Class C felony, not less than five (5) years nor more than ten (10) years;
and
(d) For a Class D felony, not less than one (1) year nor more than five (5) years.
(3) For any felony specified in KRS Chapter 510, KRS 530.020, 530.064(1)(a), or
531.310, the sentence shall include an additional five (5) year period of
postincarceration supervision which shall be added to the maximum sentence
rendered for the offense. During this period of postincarceration supervision, if a
defendant violates the provisions of postincarceration supervision, the defendant
may be reincarcerated for:
(a) The remaining period of his initial sentence, if any is remaining; and
(b) The entire period of postincarceration supervision, or if the initial sentence has
been served, for the remaining period of postincarceration supervision.
(4) In addition to the penalties provided in this section, for any person subject to a
period of postincarceration supervision pursuant to KRS 532.400 his or her
sentence shall include an additional one (1) year period of postincarceration
supervision following release from incarceration upon expiration of sentence if the
offender is not otherwise subject to another form of postincarceration supervision.
During this period of postincarceration supervision, if an offender violates the
provisions of supervision, the offender may be reincarcerated for the remaining
period of his or her postincarceration supervision.
(5) The actual time of release within the maximum established by subsection (1), or as
modified pursuant to KRS 532.070, shall be determined under procedures
established elsewhere by law.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 38, effective June 8, 2011. — Amended
2006 Ky. Acts ch. 182, sec. 65, effective July 12, 2006. — Amended 1998 Ky. Acts
ch. 606, sec. 70, effective July 15, 1998. — Created 1974 Ky. Acts ch. 406, sec. 278,
effective January 1, 1975.

Reasoning: Rape of child under 12 = 20 to 50 years. No death penalty. Laws could be improved to raise age to protect 13+

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