Third-degree sodomy in Kentucky is a Class D felony under KRS 510.090 that criminalizes oral or anal sexual contact in six specific situations involving minors, people in custody, or people being investigated by police. A conviction carries one to five years in prison, a fine of up to $10,000, mandatory sex offender registration, and a record that Kentucky law will not expunge.
Who the Law Applies To
KRS 510.090 does not require proof of force. Each situation turns on the relationship between the people involved or on a power dynamic that makes consent legally irrelevant. The statute reaches six scenarios:
- An adult 21 or older who engages in oral or anal sexual contact with a person under 16, regardless of how close in age they are.
- A person at least ten years older than a 16- or 17-year-old partner, even though the younger person is above Kentucky’s general age of consent.
- A foster parent 21 or older who engages in sexual contact with any person under 18 living in the foster home.
- An adult in a position of authority or special trust — a teacher, coach, counselor, religious leader, health-care provider, employer, or similar role — who exploits that role for sexual contact with a minor under 18.
- A jailer, corrections employee, contractor, or volunteer who engages in sexual contact with someone they know is incarcerated or under supervision, even if that person is an adult.
- A peace officer acting in an official capacity who engages in sexual contact with someone under arrest, in custody, or being investigated for a crime.
The reach is wider than many people assume. Subsection (a) covers children of any age under 16, not just 14- and 15-year-olds. The remaining subsections pull in 16- and 17-year-olds, foster children, incarcerated adults, and people stopped by police.1Justia. Kentucky Code 510.090 – Sodomy in the Third Degree
Consent and Mistake of Age Are Not Defenses
Kentucky treats these offenses as strict liability with respect to the circumstances that make the conduct illegal. The other person’s willingness does not matter. An honest, reasonable belief about their age does not matter either. If the person was under the statutory age, or if the defendant held one of the covered positions, the offense is complete.
This catches people off guard. A 22-year-old who genuinely believes a partner is 16 when the partner is actually 15 has no defense under subsection (a). A coach who argues that a 17-year-old student initiated the relationship will find that argument legally irrelevant under subsection (d).
Prison, Fines, and Parole
A Class D felony in Kentucky carries one to five years in prison.2Kentucky Legislative Research Commission. Kentucky Code 532.060 – Sentence of Imprisonment for Felony Judges have discretion within that range, and probation or alternative sentencing is possible depending on the facts. Sex offenses tend to draw harsher judicial treatment than other Class D felonies.
Every felony conviction also carries a mandatory fine. For a Class D offense, the fine runs from $1,000 to $10,000, or double the defendant’s financial gain if that amount is higher. Courts consider ability to pay, the impact on dependents, and whether the fine would interfere with restitution.3Kentucky Legislative Research Commission. Kentucky Code 534.030 – Fines for Felonies
Parole works differently for sex offenders. Under KRS 439.340, a person convicted of a sex offense generally cannot be paroled without completing a sexual offender treatment program. The Kentucky Parole Board also has broad discretion to deny release based on public safety and rehabilitation progress. On a short sentence, finishing required programming in time to benefit from parole eligibility can be difficult, so some defendants serve most of their sentence before release.
Sex Offender Registration
Because third-degree sodomy is a felony under KRS Chapter 510, it qualifies as a “sex crime” under Kentucky’s registration statute.4Kentucky Legislative Research Commission. Kentucky Revised Statutes 17.500 – Definitions for KRS 17.500 to 17.580 Anyone convicted must register with the Kentucky State Police Sex Offender Registry, regardless of whether the sentence involved prison, probation, or an alternative arrangement. Registration requires name, address, employer, vehicle information, and other identifying details, and it must be kept current.
Knowingly violating any registration requirement is itself a Class D felony for a first offense and a Class C felony for each subsequent violation. Providing false or incomplete information carries the same penalties. A registration failure alone can add one to five years on top of the original sentence, or five to ten years on a repeat violation.5Kentucky Legislative Research Commission. Kentucky Code 17.510 – Registration System for Adults Who Have Committed Sex Crimes or Crimes Against Minors
Life After the Sentence
Employment
Kentucky law prohibits anyone convicted of a sex crime from working at a child-care center in any role involving supervision of, disciplinary authority over, or direct contact with children. Certified child-care providers and those receiving public subsidies face the same restriction, and no adult convicted of a sex crime may reside on the premises of such a provider if they would have direct contact with minors.6Justia. Kentucky Code 17.165 – Criminal Record Check for Job Applicants at Child Care Centers Beyond the statutory bar, most employers that work with vulnerable populations run background checks and will not hire anyone on the registry.
Housing
KRS 17.545 restricts where registered sex offenders may live and go, including limits on proximity to schools. Violations can bring additional felony charges. Finding housing becomes significantly harder, especially in urban areas where schools and child-care facilities are densely distributed.
Firearms
Because third-degree sodomy is punishable by more than one year in prison, a conviction triggers the federal firearm ban under 18 U.S.C. § 922(g). A convicted person may not ship, transport, receive, or possess any firearm or ammunition. Violating this prohibition is a separate federal offense carrying up to ten years in federal prison.7Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Immigration
For non-citizens, a conviction can be devastating. USCIS treats crimes involving moral turpitude as a conditional bar to establishing good moral character, a requirement for naturalization. A conviction paired with incarceration of 180 days or more creates an additional bar. Permanent residents who are not seeking citizenship can face removal, because sex offenses involving minors are among the most aggressively prosecuted grounds for deportation.8USCIS. Conditional Bars for Acts in Statutory Period
International Travel
Federal law requires registered sex offenders to notify registry officials at least 21 days before leaving the United States, and Kentucky’s registration statute mirrors that requirement. Failure to give advance notice is a separate registration violation, and the U.S. Marshals Service enforces compliance through the National Sex Offender Targeting Center.9Office of Justice Programs. SORNA: Information Required for Notice of International Travel
No Expungement
Kentucky’s felony expungement statute, KRS 431.073, categorically excludes sex offenses. A person convicted of third-degree sodomy cannot petition to have the record sealed or vacated, no matter how much time has passed. The only route to clearing the conviction is a full gubernatorial pardon, which is rare and discretionary.10Kentucky Legislative Research Commission. Kentucky Code 431.073 – Certain Felony Convictions May Be Vacated and the Records Expunged
How It Compares to First- and Second-Degree Sodomy
Kentucky’s three sodomy offenses escalate based on the victim’s age, whether force was used, and the severity of the power imbalance.
- First-degree sodomy under KRS 510.070 involves forcible compulsion or a victim younger than 12. It is a Class A or Class B felony, carrying up to 20 years or more in prison.
- Second-degree sodomy under KRS 510.080 covers sexual contact with someone who is mentally incapacitated or physically helpless. It is a Class C felony, punishable by five to ten years.
- Third-degree sodomy under KRS 510.090 covers the age-gap, authority, custody, and law-enforcement scenarios above. It is a Class D felony, punishable by one to five years.
Third-degree is the lowest tier, but a Class D felony is still a felony, and the sex-offense label carries consequences that routinely outlast the prison sentence itself.1Justia. Kentucky Code 510.090 – Sodomy in the Third Degree