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KENTUCKY : Rape/Molestation Statutes of Limitation

In the state of Kentucky, a person is guilty of rape in the first degree when:

1. He engages in sexual intercourse with another person by forcible compulsion; or

2. He engages in sexual intercourse with another person who is incapable of consent because he:

a. Is physically helpless; or

b. Is less than twelve (12) years old.

Rape in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury, in which case it is a Class A felony.

A person is guilty of rape in the second degree when:

1. Being eighteen (18) years old or more, he engages in sexual intercourse with another person less than fourteen (14) years old; or

2. He engages in sexual intercourse with another person who is mentally incapacitated.

Rape in the second degree is a Class C felony.

A person is guilty of rape in the third degree when:

1. He engages in sexual intercourse with another person who is incapable of consent because he or she is mentally retarded;

2. Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old;

3. Being twenty-one (21) years old or more, he or she engages in 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

4. Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she engages in sexual intercourse with a minor under sixteen (16) years old with whom he or she comes into contact as a result of that position.

Rape in the third degree is a Class D felony.

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

1. He or she subjects another person to sexual contact by forcible compulsion; or

2. He or she subjects another person to sexual contact who is incapable of consent because he or she:

a. Is physically helpless;

b. Is less than twelve (12) years old; or

c. Is mentally incapacitated.

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.

There is no statute of limitations for the prosecution of a felony in the state of Kentucky.

Bob sexually abuses Jane. As a resident of the state of Kentucky, she can choose to seek action against Bob at any time.

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