(1) A person is guilty of sodomy in the fourth degree when he engages in deviate sexual intercourse with another person of the same sex.
(2) Notwithstanding the provisions of KRS § 510.020, consent of the other person shall not be a defense under this section, nor shall lack of consent of the other person be an element of this offense.

Attorney's Note

Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 12 months up to $500
For details, see § 532.090

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Terms Used In Kentucky Statutes 510.100

  • 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

(3) Sodomy in the fourth degree is a Class A misdemeanor.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 90, effective January 1, 1975.