(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, uncle, aunt, 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, relationship of stepparent and stepchild, and relationship of step-grandparent and step-grandchild.
(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.
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