KRS 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 defined 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 intercourse.

(2) Rape in the third degree is a Class D felony.