§ 510.060

510.060 Rape in the third degree. (1) A person is guilty of rape in the third degree when: (a) Being twenty -one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old; (b) Being at least ten (10) years older than a person who is six teen (16) or seventeen (17) years old at the time of sexual intercourse, he or she engages in sexual intercourse with the person; (c) Being twenty -one (21) years old or more, he or she engages in sexual intercourse with another person less than eighteen (1 8) years old and for whom he or she provides a foster family home as defined in KRS 600.020; (d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she engages in sexual intercourse with a minor under eighteen (18) years old with whom he or she comes into contact as a result of that position; (e) Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility as de fined in KRS 520.010, or of an entity under contract with either department or a detention facility for the custody, supervision,

ctions, Department of Juvenile Justice, or a detention facility as de fined 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 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 intercourse; or (f) 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 int ercourse. (2) Rape in the third degree is a Class D felony. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 135, sec. 1, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 43, sec. 3, effective July 14, 2018; and ch. 109, sec. 2, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 127, effective July 12, 2012; and ch. 148, sec.

-- Amended 2018 Ky. Acts ch. 43, sec. 3, effective July 14, 2018; and ch. 109, sec. 2, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 127, effective July 12, 2012; and ch. 148, sec. 2, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 26, sec. 1, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 182, sec. 31, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 259, sec. 7, effective July 15, 2002; and ch.282, sec. 1, effective July 15, 2002. -- Amended 1988 Ky. Acts ch. 283, sec. 12, effective J uly 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 86, effective January 1, 1975. Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 43, sec. 5, provides that 2018 Ky. Acts ch. 43 may be cited as 'Jenna's Law.' This statute was amended i n Section 3 of that Act.