KRS 510.010: Definitions for chapter.

The following definitions apply in this chapter unless the context otherwise requires:

(1) "Adult intermediary" means a person who is eighteen (18) years of age or older and

communicates with another for the purpose of procuring or promoting the use of a

minor in violation of KRS 510.155;

(2) "Course of conduct" means a pattern of conduct composed of two (2) or more acts,

evidencing a continuity of purpose;

(3) "Deviate sexual intercourse" means any act of sexual gratification involving the sex

organs of one person and the mouth or anus of another; or penetration of the anus of

one person by any body part or a foreign object manipulated by another person.

"Deviate sexual intercourse" does not include penetration of the anus by any body

part or a foreign obje ct in the course of the performance of generally recognized

health-care practices;

(4) "Forcible compulsion" means physical force or threat of physical force, express or

implied, which places a person in fear of immediate death, physical injury to self or

another person, fear of the immediate kidnap of self or another person, or fear of

any offense under this chapter. Physical resistance on the part of the victim shall not

be necessary to meet this definition;

(5) "Foreign object" means anything used in com mission of a sexual act other than the

person of the actor;

(6) "Grooming behavior" means a course of conduct directed at a minor that is intended

to establish an emotional connection with a minor through manipulation, trust -

building, or influence to:

(a) Facilitate future acts of sexual conduct; or

(b) Normalize or desensitize the minor to acts of sexual conduct;

even if no in -person meeting or act of sexual conduct is completed. This conduct

may occur online or in person, through third parties, or by other indirect methods to

facilitate the manipulation of a minor;

(7) "Individual with an intellectual disability" means a person with significantly

subaverage general intellectual functioning existing concurrently with deficits in

adaptive behavior and manifested during the developmental period;

(8) "Mental illness" means a diagnostic term that covers many clinical ca tegories,

typically including behavioral or psychological symptoms, or both, along with

impairment of personal and social function, and specifically defined and clinically

interpreted through reference to criteria contained in the Diagnostic and Statistica l

Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of

the American Psychiatric Association;

(9) "Mentally incapacitated" means that a person is rendered temporarily incapable of

appraising or controlling his or her conduct as a result of the influence of an

intoxicating substance administered to him or her without his or her consent or as a

result of any other act committed upon him or her without his or her consent;

(10) "Physically helpless" means that a person is unconsciou s or for any other reason is

physically unable to communicate unwillingness to an act. "Physically helpless"

also includes a person who has been rendered unconscious or for any other reason is

physically unable to communicate an unwillingness to an act as a result of the

influence of a controlled substance or legend drug;

(11) "Registrant" has the same meaning as in KRS 17.500;

(12) "Sexual conduct" has the same meaning as in KRS 531.010;

(13) "Sexual contact" means the touching of a person's intimate parts or the touching of

the clothing or other material intended to cover the immediate area of a person's

intimate parts, if that touching can be construed by a reasonable person as being

done:

(a) For the purpose of sexual arousal or gratification of either party;

(b) For a sexual purpose; or

(c) In a sexual manner for the purpose of:

1. Exacting revenge or retribution;

2. Humiliating or degrading; or

3. Punishment; and

(14) "Sexual intercourse" means sexual intercourse in its ordinary sense and includes

penetration of the sex organs of one person by any body part or a foreign object

manipulated by another person. Sexual intercourse occurs upon any penetration,

however slight; emission is not required. "Sexual intercourse" does not include

penetration of the sex organ by any body part or a foreign object in the course of the

performance of generally recognized health-care practices.