A person who engages in sexual intercourse or deviate sexual intercourse with another person to whom the person is married, or subjects another person to whom the person is married to sexual contact, does not commit an offense under this chapter regardless of the person’s age solely because the other person is less than sixteen (16) years old or an individual with an intellectual disability.
Effective: July 12, 2012
criminal case

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Terms Used In Kentucky Statutes 510.035

  • Deviate sexual intercourse: means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another. See Kentucky Statutes 510.010
  • 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. See Kentucky Statutes 510.010
  • Sexual contact: means the touching of a person's intimate parts or the touching of the clothing or other material intended to cover the immediate area of a person's intimate parts, if that touching can be construed by a reasonable person as being done:
    (a) For the purpose of sexual arousal or gratification of either party. See Kentucky Statutes 510.010
  • 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. See Kentucky Statutes 510.010

History: Amended 2012 Ky. Acts ch. 146, sec. 126, effective July 12, 2012. — Created
1990 Ky. Acts ch. 448, sec. 5, effective July 13, 1990.

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