Kentucky Statutes 529.180 – Conditions that are not a defense in prosecution involving commercial sexual activity
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In any prosecution under KRS § 529.100 or 529.110 involving commercial sexual activity, it shall not be a defense that:
(1) The defendant was unaware of the minor‘s actual age;
(2) A minor consented to engage in commercial sexual activity;
(3) The intended victim of the offense is a law enforcement officer posing as a minor as part of a criminal investigation or operation;
(4) The solicitation was unsuccessful, the conduct was not engaged in, or the law enforcement officer could not engage in the solicited offense; or
(5) The victim is charged with an offense.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 75, sec. 10, effective July 15, 2020. — Created
2015 Ky. Acts ch. 122, sec. 3, effective June 24, 2015.
(1) The defendant was unaware of the minor‘s actual age;
Terms Used In Kentucky Statutes 529.180
- Commercial sexual activity: means :
(a) Any sex act, for which anything of value is given to, promised to, or received by any person. See Kentucky Statutes 529.010 - Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Minor: means a person under the age of eighteen (18) years. See Kentucky Statutes 529.010
(2) A minor consented to engage in commercial sexual activity;
(3) The intended victim of the offense is a law enforcement officer posing as a minor as part of a criminal investigation or operation;
(4) The solicitation was unsuccessful, the conduct was not engaged in, or the law enforcement officer could not engage in the solicited offense; or
(5) The victim is charged with an offense.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 75, sec. 10, effective July 15, 2020. — Created
2015 Ky. Acts ch. 122, sec. 3, effective June 24, 2015.