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?