Defending A Sodomy Charge In Kentucky - Frank Mungo

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Defending a Sodomy Charge in Kentucky

Being Charged With Sodomy Can Destroy Your Job, Family, and Reputation

What is Sodomy Under Kentucky Law?

Sodomy prohibits “deviate sexual intercourse” with another person. The aggravating circumstances involving the act determine whether the crime is sodomy in the first, second, third, or fourth degree.

Deviate sexual intercourse means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another. It also means penetration of the anus of one person by a foreign object manipulated by another person.

How Kentucky Defines Sodomy

First Degree Sodomy

Under KRS § 510.070, a person is guilty of sodomy in the first degree when:

a. He engages in deviate sexual intercourse with another person by forcible compulsion; or b. He engages in deviate sexual intercourse with another person who is incapable of consent because he is physically helpless or is less than 12 years old.

The penalty in Kentucky for sodomy is severe. Sodomy 1st degree is a Class B felony unless the victim is under 12 or receives a serious physical injury in which case it is a Class A felony. A Class B felony is a prison sentence of at least 10 but not more than 20 years. A Class A felony is a prison sentence of at least 20 but not more than 50 years or for life.

Forcible compulsion means physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any sexual offense. Note, physical resistance on the part of the victim shall not be necessary to meet this definition.

Second Degree Sodomy

Under KRS § 510.080, a person is guilty of sodomy in the second degree when:

a. Being 18 years old or more, he engages in deviate sexual intercourse with another person less than 14 years old; or b. He engages in deviate sexual intercourse with another person who is mentally incapacitated.

Sodomy 2nd degree is a Class C felony. A Class C felony is a prison sentence of at least 5 but not more than 10 years.

As used under the definition for sodomy 2nd degree, mentally incapacitated means that a person is rendered temporarily incapable of appraising or controlling his conduct because of the influence of an intoxicating substance administered to him without his consent or as a result of any other act committed upon him without his consent.

Third Degree Sodomy

Under KRS § 510.090, a person is guilty of sodomy in the third degree when:

a. He engages in deviate sexual intercourse with another person who is incapable of consent because he or she is mentally retarded; b. Being twenty-one (21) years old or more, he or she engages in deviate sexual intercourse with another person less than sixteen (16) years old; or c. Being twenty-one (21) years old or more, he or she engages in deviate sexual intercourse with another person less than eighteen (18) years old and for whom he or she provides a foster family home as defined in KRS 600.020; or d. Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she engages in deviate sexual intercourse with a minor less than sixteen (16) years old with whom he or she comes into contact as a result of that position.

Sodomy in the 3rd degree is a Class D felony. A Class D felony is a prison sentence of at least 1 but not more than 5 years.

Fourth Degree Sodomy

Under KRS § 510.100, a person is guilty of sodomy in the fourth degree when he engages in deviant sexual intercourse with another person of the same sex.

Sodomy in the 4th degree is a Class A misdemeanor. A Class A misdemeanor is a jail sentence of up to 12 months.

Note, while Sodomy in the 4th degree is still on the books, the Kentucky Supreme Courts has declared that the law violated the Kentucky Constitution in Commonwealth v. Wasson, 842 S.W.2d 487 (Ky. 1992).

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