What does sexual abuse in the first degree mean?

Full Question:

What does sexual abuse in the first degree mean? What are the penalties under the law?
02/17/2009   |   Category: Criminal   |   State: Kentucky   |   #15262

Answer:

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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