What does sexual abuse in the first degree mean?
02/17/2009 - Criminal - State: KY #15262
What does sexual abuse in the first degree mean? What are the penalties under the law?
The definitions and degrees of sexual offenses are governed by state statutes, which vary by state. In Kentucky, sexual abuse in the 1st degree is punishable by a prison term of 1-5 years, or 5-10 years if the victim is under 12 years old. Increased penalties may apply for repeat offenders.
The following are Kentucky statutes:
Section 1. KRS 510.110 :
(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. Is physically helpless;
2. Is less than twelve (12) years old; or
3. Is mentally incapacitated; or
(c) Being twenty-one (21) years old or more, he or she:
1. Subjects another person who is less than sixteen (16) years old to sexual contact; or
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.
532.060. Sentence of imprisonment for felony.
(1) A sentence of imprisonment for a felony shall be an indeterminate sentence, the maximum of which shall be fixed within the limits provided by subsection (2), and subject to modification by the trial judge pursuant to KRS 532.070.
(2) The authorized maximum terms of imprisonment for felonies are:
(a) For a Class A felony, not less than twenty (20) years nor more than fifty (50) years, or life imprisonment;
(b) For a Class B felony, not less than ten (10) years nor more than twenty (20) years;
(c) For a Class C felony, not less than five (5) years nor more than ten (10) years; and
(d) For a Class D felony, not less than one (1) year nor more than five (5) years.
(3) For any felony specified in KRS Chapter 510, KRS 530.020, 530.064(1)(a), or 531.310, the sentence shall include an additional five (5) year period of conditional discharge which shall be added to the maximum sentence rendered for the offense. During this period of conditional discharge, if a defendant violates the provisions of conditional discharge, the defendant may be reincarcerated for:
(a) The remaining period of his initial sentence, if any is remaining; and
(b) The entire period of conditional discharge, or if the initial sentence has been served, for the remaining period of conditional discharge.
(4) The actual time of release within the maximum established by subsection (1), or as modified pursuant to KRS 532.070, shall be determined under procedures established elsewhere by law.
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02/17/2009 - Category: Criminal - State: KY #15262
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