KRS 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.