KRS 510.110: Sexual abuse in the first degree.

(1) A person is guilty of sexual abuse in the first degree when:

(a) He or she subjects another person to sexual contact by forcible compulsion; or

(b) He or she subjects another person to sexual contact who is incapable of

consent because he or she:

1. Is physically helpless;

2. Is less than twelve (12) years old;

3. Is mentally incapacitated; or

4. Is an individual with an intellectual disability; or

(c) Being twenty-one (21) years old or more, he or she:

1. Subjects another person who is less than sixteen (1 6) years old to sexual

contact;

2. Engages in masturbation in the presence of another person who is less

than sixteen (16) years old and knows or has reason to know the other

person is present; or

3. Engages in masturbation while using the Internet, teleph one, or other

electronic communication device while communicating with a minor

who the person knows is less than sixteen (16) years old, and the minor

can see or hear the person masturbate; or

(d) Being a person in a position of authority or position of special trust, as defined

in KRS 532.045, he or she, regardless of his or her age, subjects a minor who

is less than eighteen (18) years old, with whom he or she comes into contact

as a result of that position, to sexual contact or engages in masturbation in the

presence of the minor and knows or has reason to know the minor is present

or engages in masturbation while using the Internet, telephone, or other

electronic communication device while communicating with a minor who the

person knows is less than sixteen (16) years old, and the minor can see or hear

the person masturbate.

(2) Sexual abuse in the first degree is a Class D felony, unless the victim is less than

twelve (12) years old, in which case the offense shall be a Class C felony.