HB 211 -- AN ACT relating to crimes and
punishments. – (2008)
Be it enacted by the
General Assembly of the Commonwealth of Kentucky:
SYMBOL 226 \f "Wingdings 3"Section seq
[section]1. KRS 510.110 is amended to read as follows:
(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
(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.
(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.
SYMBOL 226 \f "Wingdings 3"Section seq
[section]2. KRS 510.120 is amended to read as follows:
(1) A person is guilty of sexual abuse in
the second degree when:
(a) He or she subjects another person to
sexual contact who is incapable of consent because he or she is mentally retarded;
(b) He or she is at least
eighteen (18) years old but less than twenty-one (21) years old and
subjects another person who is less than sixteen (16)[fourteen
(14)] years old to sexual contact; or
(c) Being an employee, contractor, vendor,
or volunteer of the Department of Corrections, or a detention facility as defined in
KRS 520.010, or of an entity under contract with either the department or a detention
facility for the custody, supervision, evaluation, or treatment of offenders, he or
she subjects an offender who is incarcerated, supervised, evaluated, or treated by
the Department of Corrections, the detention facility, or the contracting entity, to
sexual contact. In any prosecution under this paragraph, the defendant may prove in
exculpation that, at the time he or she engaged in the conduct constituting the
offense, he or she and the offender were married to each other.[;]
(d) In any prosecution under
paragraph (b) of this section, it is a defense that:
1. The other person's lack of
consent was due solely to incapacity to consent by reason of being less than sixteen
(16) years old; and
2. The other person was at least
fourteen (14) years old; and
3. The actor was less than five
(5) years older than the other person[Being
twenty-one (21) years old or more, he or she subjects another person to sexual
contact who is less than eighteen (18) years old and for whom he or she provides a
foster family home as defined in KRS 600.020; or
(e) Being a person in a position of
authority or position of special trust, as defined in KRS 532.045, he or she subjects
a minor who is under sixteen (16) years old, with whom he or she comes into contact
as a result of that position, to sexual contact].
(2) Sexual abuse in the second degree is a
Class A misdemeanor.
SYMBOL 226 \f "Wingdings 3"Section seq
[section]3. KRS 510.130 is amended to read as follows:
(1) A person is guilty of sexual abuse in
the third degree when:
(a) He or she
subjects another person to sexual contact without the latter's consent.
(b) In any prosecution under this section,
it is a defense that:
1. The other person's lack of consent was
due solely to incapacity to consent by reason of being less than sixteen (16) years
old; and
2. The other person was at least fourteen
(14) years old; and
3. The actor was less than
eighteen (18)[five (5)] years old[older
than the other person].
(2) Sexual abuse in the third degree is a
Class B misdemeanor.
SYMBOL 226 \f "Wingdings 3"Section seq
[section]4. KRS 620.030 is amended to read as follows:
(1) Any person who knows or has reasonable
cause to believe that a child is dependent, neglected, or abused shall immediately
cause an oral or written report to be made to a local law enforcement agency or the
Department of Kentucky State Police; the cabinet or its designated representative;
the Commonwealth's attorney or the county attorney; by telephone or otherwise. Any
supervisor who receives from an employee a report of suspected dependency, neglect,
or abuse shall promptly make a report to the proper authorities for investigation. If
the cabinet receives a report of abuse or neglect allegedly committed by a person
other than a parent, guardian, or person exercising custodial control or supervision,
the cabinet shall refer the matter to the Commonwealth's attorney or the county
attorney and the local law enforcement agency or the Department of Kentucky State
Police. Nothing in this section shall relieve individuals of their obligations to
report.
(2) Any person, including but not limited
to a physician, osteopathic physician, nurse, teacher, school personnel, social
worker, coroner, medical examiner, child-caring personnel, resident, intern,
chiropractor, dentist, optometrist, emergency medical technician, paramedic, health
professional, mental health professional, peace officer, or any organization or
agency for any of the above, who knows or has reasonable cause to believe that a
child is dependent, neglected, or abused, regardless of whether the person believed
to have caused the dependency, neglect, or abuse is a parent, guardian, person
exercising custodial control or supervision, or another person, or who has attended
such child as a part of his or her professional duties shall, if requested, in
addition to the report required in subsection (1) of this section, file with the
local law enforcement agency or the Department of Kentucky State Police or the
Commonwealth's or county attorney, the cabinet or its designated representative
within forty-eight (48) hours of the original report a written report containing:
(a) The names and addresses of the child
and his or her parents or other persons exercising custodial control or supervision;
(b) The child's age;
(c) The nature and extent of the child's
alleged dependency, neglect, or abuse, including any previous charges of dependency,
neglect, or abuse, to this child or his or her siblings;
(d) The name and address of the person
allegedly responsible for the abuse or neglect; and
(e) Any other information that the person
making the report believes may be helpful in the furtherance of the purpose of this
section.
(3) The cabinet upon request shall receive
from any agency of the state or any other agency, institution, or facility providing
services to the child or his or her family, such cooperation, assistance, and
information as will enable the cabinet to fulfill its responsibilities under KRS
620.030, 620.040, and 620.050.
(4) Any person who intentionally
violates the provisions of this section shall be guilty of a:
(a) Class B misdemeanor for the
first offense;
(b) Class A misdemeanor for the
second offense; and
(c) Class D felony for each
subsequent offense.
SYMBOL 226 \f "Wingdings 3"Section seq
[section]5. KRS 620.990 is amended to read as follows:
(1) Except as otherwise provided
in this chapter, any person intentionally violating the provisions of
this chapter shall be guilty of a Class B misdemeanor.
(2) The use of information by public
officers and by defense counsel for purposes of investigation and trial of cases or
other proceedings under the provisions of KRS Chapters 600 to 645 or in any criminal
prosecution or appeal shall not constitute a violation of this chapter.
SYMBOL 226 \f "Wingdings 3"Section seq
[section]6. KRS 500.050 is amended to read as follows:
(1) Except as otherwise expressly
provided, the prosecution of a felony is not subject to a period of limitation and
may be commenced at any time.
(2) Except as otherwise expressly
provided, the prosecution of an offense other than a felony must be commenced within
one (1) year after it is committed.
(3) For the prosecution of a
misdemeanor offense under KRS Chapter 510 when the victim is under the age of
eighteen (18), the applicable period of limitation for prosecuting the offense shall
be brought before whichever of the following periods last expires:
(a) Within five (5) years of the
commission of the act or the last of a series of acts by the same perpetrator;
(b) Within five (5) years of the
date the victim knew, or should have known, of the act; or
(c) Within five (5) years after
the victim attains the age of eighteen (18) years.
(4)
For purposes of this section, an offense is committed either when every element
occurs, or if a legislative purpose to prohibit a continuing course of conduct
plainly appears, at the time when the course of conduct or the defendant's complicity
therein is terminated.