Kentucky Revised Statutes Title L. Kentucky Penal Code § 510.040. Rape in the first degree

(1)  A person is guilty of rape in the first degree when:

(a) He engages in sexual intercourse with another person by forcible compulsion;  or

(b) He engages in sexual intercourse with another person who is incapable of consent because he:

1. Is physically helpless;  or

2. Is less than twelve (12) years old.

(2)  Rape in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony.

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