Legal Question in Criminal Law in Kentucky

Re: Incest

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

1. Was the sexual relationship consentual?

2. Did the sexual relationship begin before the step-daughter was 18?

Kentucky law provides that consentual sexual intercourse between an adult step-parent and an adult step-child is a Class C Felony, punishable by 1 to 5 years in prison. Technically, both parties, if adults, are guilty of the same crime:

KRS 530.020 Incest.

(1) A person is guilty of incest when he or she has sexual intercourse or deviate sexual intercourse, as defined in KRS 510.010, with a person whom he or she knows to be an ancestor, descendant, brother, or sister. The relationships referred to herein include blood relationships of either the whole or half blood without regard to legitimacy, relationship of parent and child by adoption, and relationship of stepparent and stepchild.

(2) (a) Incest is a Class C felony if the act is committed by consenting adults. (b) Incest is a Class B felony if committed: 1. By forcible compulsion as defined in KRS 510.010(2); or 2. On a victim who is: a. Less than eighteen (18) years of age; or b. Incapable of consent because he or she is physically helpless or mentally incapacitated. (c) Incest is a Class A felony if: 1. Committed on a victim less than twelve (12) years of age; or 2. The victim receives serious physical injury.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can get a referral to a criminal law specialist from the Kentucky Association of Criminal Defense Lawyers, at

[email protected].

Additionally, you can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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