KRS 510.080: Sodomy in the second degree.

(1) A person is guilty of sodomy in the second degree when:

(a) Being eighteen (18) years old or more, he or she engages in deviate sexual

intercourse with another person less than fourteen (14) years old; or

(b) He or she engages in deviate 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) Sodomy in the second degree is a Class C felony, unless the defendant is a person

in a position of aut hority or position of special trust as those terms are defined in

KRS 532.045, in which case it is a Class B felony.