(1)       A person is guilty of sexual abuse in the first degree when:

(a) He or she subjects another person to sexual contact by forcible compulsion; or

(b) He or she subjects another person to sexual contact who is incapable of consent because he or she:

1. 1. Is physically helpless;
   2. Is less than twelve (12) years old;
   3. Is mentally incapacitated; or
   4. Is an individual with an intellectual disability; or

(c) Being twenty-one (21) years old or more, he or she:

1. 1. Subjects another person who is less than sixteen (16) years old to sexual contact;
   2. Engages in masturbation in the presence of another person who is less than sixteen (16) years old and knows or has reason to know the other person is present; or
   3. Engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than sixteen (16) years old, and the minor can see or hear the person masturbate; or

(d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she, regardless of his or her age, subjects a minor who is less than eighteen (18) years old, with whom he or she comes into contact as a result of that position, to sexual contact or engages in masturbation in the presence of the minor and knows or has reason to know the minor is present or engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than sixteen (16) years old, and the minor can see or hear the person masturbate.

(2)      Sexual abuse in the first degree is a Class D felony, unless the victim is less than twelve (12) years old, in which case the offense shall be a Class C felony.

If you’ve been charged with sexual abuse in the first degree crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.

(1)       A person is guilty of sexual abuse in the second degree when:

(a) He or she is at least eighteen (18) years old but less than twenty-one (21) years old and subjects another person who is less than sixteen (16) years old to sexual contact; or

(b) 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 is at least eighteen (18) years old and 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 contact.

(2)      In any prosecution under subsection (1)(a) of this section, it is a defense that:

(a) The other person’s lack of consent was due solely to incapacity to consent by reason of being less than sixteen (16) years old; and

(b) The other person was at least fourteen (14) years old; and

(c) The actor was less than five (5) years older than the other person.

(3)      Sexual abuse in the second degree is a Class A misdemeanor.

If you’ve been charged with sexual abuse in the second degree crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.

(1)      A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter’s consent.

(2)      In any prosecution under this section, it is a defense that:

(a) The other person’s lack of consent was due solely to incapacity to consent by reason of being less than sixteen (16) years old; and

(b) The other person was at least fourteen (14) years old; and

(c) The actor was less than eighteen (18) years old.

(3)      Sexual abuse in the third degree is a Class B misdemeanor

If you’ve been charged with sexual abuse in the third degree crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.

(1)      A person is guilty of sexual misconduct when he engages in sexual intercourse or deviate sexual intercourse with another person without the latter’s consent.

(2)      Sexual misconduct is a Class A misdemeanor.

If you’ve been charged with sexual misconduct crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.