KRS 510.090: Sodomy in the third degree.

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

(a) Being twenty-one (21) years old or more, he or she engages in deviate sexual

intercourse with another person less than sixteen (16) years old;

(b) Being at least ten (10) years older than a person who is sixteen (16) or

seventeen (17) years old at the time of deviate sexual intercourse, he or she

engages in deviate sexual intercourse with the person;

(c) Being twenty-one (21) years old or more, he or she engages in deviate sexual

intercourse with an other person less than eighteen (18) 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 devia te sexual intercourse with a minor

less than 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 J uvenile 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 deviate 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 deviate sexual intercourse.

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