{"data":{"id":"us-ky/krs-510.020","jurisdiction":"us-ky","citation":"KRS 510.020","heading":"Lack of consent.","body":"(1) Whether or not specifically stated, it is an element of every offense defined in this\nchapter that the sexual act was committed without consent of the victim.\n(2) Lack of consent results from:\n(a) Forcible compulsion;\n(b) Incapacity to consent; or\n(c) If t he offense charged is sexual abuse, any circumstances in addition to\nforcible compulsion or incapacity to consent in which the victim does not\nexpressly or impliedly acquiesce in the actor's conduct.\n(3) A person is deemed incapable of consent when he or she is:\n(a) Less than sixteen (16) years old;\n(b) Sixteen (16) or seventeen (17) years old and the actor is at least ten (10) years\nolder than the victim at the time of the sexual act;\n(c) An individual unable to communicate consent or lack of consent, or u nable to\nunderstand the nature of the act or its consequences, due to an intellectual\ndisability or a mental illness;\n(d) Mentally incapacitated;\n(e) Physically helpless; or\n(f) Under the care or custody of a state or local agency pursuant to court order\nand the actor is employed by or working on behalf of the state or local agency.\n(4) The provisions of subsection (3)(f) of this section shall not apply to persons who are\nlawfully married to each other and no court order is in effect prohibiting contact\nbetween the parties.","path":["KRS Chapter 510"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47632","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:01Z","sha256":"cf57e218e40e6e3e29b28b3f8f59b53b1ed4ff549cd64ae0e485abca36f60c26","source_id":"us-ky","stale":false,"prev":"us-ky/krs-510.015","next":"us-ky/krs-510.030"},"notice":"GroundRules: Original legal text. Not legal advice."}