detention facility, or contracting entity, to sexual intercourse. (2) Rape in the third degree is a Class D felony.
B. Fondling:
The touching of the private parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent incapacity.
Kentucky does not define fondling in KRS.
C. Incest:
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
As used in KRS 530.020 Incest. (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 an ancestor, descendant, uncle, aunt, brother, or sister. The relationships referred to herein include blood relationships of either the whole or half-blood without regard to legitimacy, relationship of parent and child by adoption, relationship of stepparent and stepchild, and relationship of step grandparent and step grandchild. (2) (a) Incest is a Class C felony if the act is committed by consenting adults. (b) Incest is a Class B felony if committed: 1. By forcible compulsion as defined in KRS 510.010(2); or 2. On a victim who is: a. Less than eighteen (18) years of age; or b. Incapable of consent because he or she is physically helpless or mentally incapacitated. (c) Incest is a Class A felony if: 1. Committed on a victim less than twelve (12) years of age; or 2. The victim receives serious physical injury.
D. Statutory Rape:
Sexual intercourse with a person who is under the statutory age of consent.
As used in KRS 510.020, Lack of consent. (1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim. (2) Lack of consent results from: (a) Forcible compulsion; (b) Incapacity to consent; or (c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct. (3) A person is deemed incapable of consent when he or she is: (a) Less than sixteen (16) years old; (b) An individual with