HB 262 — AN ACT relating to sex crimes.

UNOFFICIAL COPY 22 RS BRHB 339262/GA AN ACT relating to incest.sex crimes.

(1) A person is guilty of incest when he or she has sexual intercourse or deviate sexual intercourse, as defined in KRS 510.010, with a person whom he or she knows to be his or her parent, child, grandparent, grandchild, greatgreat-grandparent, grandparent,great- great grandchild[an ancestor, descendant], uncle, aunt, nephew, niece, brother, [or] sister, or first cousin.

(2) (a) Incest is a Class C felony if the act is committed by consenting adults.persons[adults].

or 3.[2.]With[On] a person[victimperson[victim] ]whowho is:

With[Committed on] a person[victim]person who is[victim] less than twelve (12) years of ageage; by a person three (3) or more years older;

PageSection 12. of 1 XXXX Jacketed

KRS 510.010 is amended to read as follows:

Page 1 of 6 HB026210.100 - 339 - XXXX GA UNOFFICIAL COPY 22 RS HB 262/GA The following definitions apply in this chapter unless the context otherwise requires:

(1) "Deviate sexual intercourse" means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another;

or penetration of the anus of one person by any body part or a foreign object manipulated by another person.

"Deviate sexual intercourse" does not include penetration of the anus by any body part or a foreign object in the course of the performance of generally recognized health-care practices;

(2) "Forcible compulsion" means physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any offense under this chapter.

Physical resistance on the part of the victim shall not be necessary to meet this definition;

(3) "Mental illness" means a diagnostic term that covers many clinical categories, typically including behavioral or psychological symptoms, or both, along with impairment of personal and social function, and specifically defined and clinically interpreted through reference to criteria contained in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of the American Psychiatric Association;

(4) "Individual with an intellectual disability" means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, as defined in KRS Chapter 202B;

(5) "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his or her conduct as a result of the influence of an intoxicating substance administered to him or her without his or her consent or as a result of any other act committed upon him or her without his or her consent;

(6) "Physically helpless" means that a person is unconscious or for any other reason is Page 2 of 6 HB026210.100 - 339 - XXXX GA UNOFFICIAL COPY 22 RS HB 262/GA physically unable to communicate unwillingness to an act.

"Physically helpless" also includes a person who has been rendered unconscious or for any other reason is physically unable to communicate an unwillingness to an act as a result of the influence of a controlled substance, alcohol, or legend drug;

(7) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party;

(8) "Sexual intercourse" means sexual intercourse in its ordinary sense and includes penetration of the sex organs of one person by any body part or a foreign object manipulated by another person.

Sexual intercourse occurs upon any penetration, however slight;

emission is not required.

"Sexual intercourse" does not include penetration of the sex organ by any body part or a foreign object in the course of the performance of generally recognized health-care practices;

(9) "Foreign object" means anything used in commission of a sexual act other than the person of the actor;

(10) "Registrant" has the same meaning as in KRS 17.500;

and (11) "Adult intermediary" means a person who is age eighteen (18) years or older, who communicates with another for the purpose of procuring or promoting the use of a minor in violation of KRS 510.155.

Section 3.

KRS 510.060 is amended to read as follows:

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

(a) Being twenty-one (21) years old or more, he or she engages in 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 sexual intercourse, he or she engages in sexual intercourse with the person;

(c) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than eighteen (18) years old and for Page 3 of 6 HB026210.100 - 339 - XXXX GA UNOFFICIAL COPY 22 RS HB 262/GA 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 sexual intercourse with a minor under 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 Juvenile 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 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 sexual intercourse;

or (g) He or she engages in sexual intercourse with another person knowing that the other person's ability to appraise the nature of or control his or her own conduct is substantially impaired.