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xavierjd
xavierjd, Attorney
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My question has to do with relationships in the state of Kentucky.

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My question has to do with relationships in the state of Kentucky. In Kentucky, the age of consent is 16. Lets say a 20 year old has a 16 year old girlfriend. If the 20 year old has sex with the 16 year old, is it illegal or what laws could he be breaking? The 20 year old does not have any position of authority or provides foster care, and the girl consents (not physically or mentally impaired in anyway). My confusion comes from the difference between the age of consent-16 and a minor-under 18. One of the laws state:

530.064 Unlawful transaction with a minor in the first degree.
(1) A person is guilty of unlawful transaction with a minor in the first degree or she knowingly induces, assists, or
causes a minor to engage in:
(a) Illegal sexual activity; or

If the 16 yr old consents, is it still considered an illegal sexual activity (because she is a minor)? If not, what possible charges could be placed on the 20 yr old by the girl or parents since she is still considered a minor?
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

Are you asking if the 20 year old can be charged with rape of a minor?

Thanks
Customer: replied 3 years ago.

I know that it is not considered rape because the 16 yr old is at the age of consent, but my question is of the additional charges that could be placed such as: Unlawful transaction with a minor in the first degree.

Hi,

Thanks for the information.

I want to look up a few things. I will be back with an answer asap. It may take several minutes.

Thanks for your patience.
Hi,

In Kentucky, the age of consent for sex is 16 years old. However, it generally only applies when a person younger than 16 but older than 14 has sex with a person who is 21 or older.

 

The age of consent is 18 when the offender is over 21, and acts as a foster parent for the victim.

 

Sex with a person aged 14 or under by a person 18 or over is also a violation of the Kentucky’s age of consent laws.

 

If the victim is 16 or younger, no person who is in a position of trust (teacher, employer, coach, etc.) may have sex with that person, regardless of age disparity between them.

 

The age of consent laws in Kentucky apply identically to both heterosexual and homosexual conduct.


Unlawful transaction with a minor in the first degree is a Class B felony “if the minor so used is less than sixteen (16) years old at the time the minor engages in the prohibited activity[.]”  KRS 530.064(2)(b).

Unless the girl did not consent to the sexual activity, or was forced by the man to engage in sexual activity, or was "enslaved" and forced to perform sex, then the 20 year old should not be charged with a crime.

In Kentucky, 16 year old girl can consent to sex with a 20 year old man.

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XavierJD
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Hi,

Thank you so much for the "excellent service" rating for the question you asked regarding Kentucky and the age of consent. Thank you also, for the generous bonus! Both are greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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