Section 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; or2. 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.Effective:1/1/1975
Created 1974 Ky. Acts ch. 406, sec. 84, effective1/1/1975.