Tuesday, June 21, 2011

The Age of Consent in Kentucky: Card Her.

No, seriously - CARD HER.

How young is too young?  The ages for Kentucky sex crime laws can be complicated.  The years 12, 14, 16, 18, and 21 are all significant in the Kentucky Revised Statutes for sex crimes.  And sometimes it matters whether the actor is more than 5 years older than the victim.  Sometimes the difference in their ages doesn’t matter at all.  Even for the most experienced sex crime lawyers, it can be difficult to keep everything straight.

Often, people use the term “statutory rape” when they talk about Kentucky sex crimes.  However, there are only a couple of instances where age can determine that sexual activity is “rape.”  It might be rape in the second degree (a Class C felony), if, “being eighteen (18) years old or more, he engages in sexual intercourse with another person less than fourteen (14) years old[.]”  If the perpetrator is older than 21, and the victim is under 16; or if the perpetrator is over 21 and they have sex with a foster child under 18; or if the perpetrator is in a position of trust or authority (being any age), and the victim is under 16; it could be rape in the third degree (a Class D felony).  Ok, maybe there are more than just a “couple” of instances where age can determine that sexual activity is “rape.”  My bad.

See what I mean about it being difficult to keep all of this straight?  Let’s move to something a little more simple.

On to the age of consent.  It is illegal to engage in sexual activity with anyone who is incapable of consent, and there are a few reasons why a person may not be capable of consenting.  Pursuant to KRS 510.020(3)(a), one of those situations is if said person is under 16 years old.  So, on a person’s 16th birthday, it might be possible for them to consent to sexual behavior.  That does NOT mean that you can go out and have sexual contact with a 16 year old and no crime has been committed.  There are a slew of other crimes that might be committed.

If a person is under the age of 18 you may still have age-related sex crime problems.  Convincing or coercing someone under 18 into sexual activity can still be a serious problem.  For example, if you induce, assist, or cause anyone under the age of 18 to participate in any illegal sexual activity, you could be guilty of Unlawful Transaction with a Minor in the first degree, which is a Class C felony.  So don’t touch her if she can’t buy her own cigarettes.  

The answer is:  16 is the age of consent, but under 18 can still be a serious problem.

Sex crimes can be extremely serious.  Get an experienced lawyer on your side.  If you are charged with a sex crime in Louisville, Lexington, Frankfort, Elizabethtown, or the surrounding areas, call a Louisville sex crimes lawyer at 502.473.6464.  Get a free consultation with Attorney Greg Simms.  

Questions answered in this blog post:  How old is the age of consent in Kentucky; how old can a girl be for statutory rape; what is unlawful transaction with a minor; what is statutory rape; How can I find a good Louisville sex crime lawyer; what is the age of consent; Elizabethtown rape lawyer; sex abuse lawyers in Louisville?

24 comments:

  1. Can a young man who is 17 dating a 16 year old girl, still date her when he turns 18. He will be a senior in high school. She will be a sophomore. Blackbear1126@hotmail.com

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    1. I would really need to know more about the situation. Feel free to give me a call for a consult. A consultation is free. -Greg Simms

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  2. Can a 32 year old man engage in sexual activities with a 17 yr old?

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    1. Yes they can if she is willing and not under the influence of any substances.

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  3. Can a 32 year old man engage in sexual activities with a 17 yr old?

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  4. Can a twenty one year old male have sex with a sixteen year old female in foster care? Also, if there is no sexual behavior involved can the twenty one year old still date the sixteen year old?

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    1. Yes if she is consenting and not under the influence of any substance. Also he can't have any authority over the 16 year old in foster care.

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  5. Can an 18 year old female engage in sexual activity with a 15 year old male if the male makes the advances?

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    1. NO! The sex of the person makes no difference. 16 and under is statutory rape so stay clear and wait a year.

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  7. Can a 17 year have sex with a 14 year

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  8. If you're 17 and they're 14, and you would like to date (no sexual activity)- would that be ok? And if you turned 18 and them 15, with no sexual activity would it still be ok?

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  10. Say I were to date a boy and he turns 18 while I'm 16. Would it be legal? If we're just dating and minimal sexual contact?

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  11. 18 and 16 is fine as long, with or without sexual contact. Assuming everyone is of clear mind and the 18 year old has no authority over the 16 year old (teacher, foster parent, etc.).

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  12. Hey I've been dating this 16 year old girl for a little over nine months. I recently turned 18 and I was wondering if it is legal for us to have sex now that I'm 18 ?

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  14. I am a 31 year old male and I was wanting to know is it ok for me to have sex with a 16 year old male since that is the age of sexual consent.

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  15. My bf was charged in 2013 with sexual misconduct. He got 12 mos, but served 24 mos supervised probation. He had no criminal record. However, i think hes been lying to me. He said she was 16 almost 17, and she lied about her age, he was 22 and they were caught having sex in movie theater. I have a 11 & 13 yr old daughter, i need some answers bcuz if hes fondled a young girl i deff do not want him around my girls period! Thank you!

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  16. So Your saying that this 22 year old boy can get away with taking my 16 year olds virginity AND GETTING HER PREGNANT! That's considered LEGAL!!!??

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    1. My understanding is yes as long she consents, and not on drugs, or alcholol, and he has no authority over her. That's why there are so many girls on reality shows like 16 and pregnant. Loopholes exist though. If they use internet media like email, or maybe phone federal law comes into play. As far as I know Federal law still says the age of consent is 18. Also they can't take pictures, or video of the act because that would basically be child porn. **Disclaimer I am not a lawyer, to get a for sure answer you should ask an actual layer.

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  17. Had sex with a girl who claimed she was 19 turned out one of her friends told me she was 16 I am 21 I turn 22 on August 15th she consented and even instigated the sexual activity can this be possibly turned around on me if she decided to?

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  18. I need to know if I can get in trouble for having sex with my 15 year old girlfriend. She is 15 and I'm 19. We have only had sex once and she is pregnant. In order to protect myself, can I be prosecuted for doing such?

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  19. I need to know if I can get in trouble for having sex with my 15 year old girlfriend. She is 15 and I'm 19. We have only had sex once and she is pregnant. In order to protect myself, can I be prosecuted for doing such?

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