State Guide
Age of Consent in Kentucky
A plain-English guide to the age of consent in Kentucky, cited to KRS 510.060. Since 2018, Kentucky applies a ten-year age-gap rule even to 16 and 17 year olds who have already reached the age of consent.
Wide 10-year gap rule applies even after age 16Kentucky at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | KRS 510.060 (Rape, Third Degree) |
| Rule for 16–17 year olds | Illegal if partner is 10 or more years older |
| Close-in-age allowance (contact only) | Complete defense, both under 18, victim 14–15 |
| Related offense | Sexual abuse, second degree — KRS 510.120 |
Overview
Kentucky’s age of consent is generally described as 16, but the law is more layered than that single number suggests. KRS 510.060 makes it rape in the third degree for someone 21 or older to have sexual intercourse with anyone under 16. A separate provision, added in 2018, makes it rape in the third degree for someone at least 10 years older to have sexual intercourse with a 16 or 17 year old, even though that age would ordinarily be old enough to consent.
This means a 16 or 17 year old’s ability to consent is not absolute in Kentucky; it depends on how much older their partner is, a genuinely unusual structure compared to most other states in this guide.
Age of consent in Kentucky
KRS 510.060(1)(a) covers an offender 21 or older with a victim under 16. KRS 510.060(1)(b), added by a 2018 amendment, separately covers an offender at least 10 years older than a victim who is 16 or 17. Rape in the third degree is a Class D felony.
Close-in-age rules in Kentucky
For sexual intercourse specifically, Kentucky’s rape statutes appear to leave a gap this guide could not fully resolve: an offender 18 to 20 years old with a victim 14 or 15 does not clearly fit either rape in the second degree, which requires a victim under 14, or rape in the third degree, which requires the offender to be 21 or older for that age band. This guide could not confirm from official sources whether a different statute covers that specific combination for intercourse.
For sexual contact short of intercourse, the picture is clearer. Sexual abuse in the second degree applies where an offender 18 to 21 has contact with someone under 16, but the law provides a defense if the offender was less than five years older and the other person was at least 14. A lower tier, sexual abuse in the third degree, provides a complete defense to contact-only conduct where the victim is 14 or 15 and the offender is themselves under 18.
Exceptions and defenses
A position of authority or special trust, or providing a foster family home, brings rape in the third degree into play for a victim under 16 or under 18 respectively, regardless of the age gap otherwise available. A Kentucky court must also review and can block a marriage involving a minor where evidence shows the minor was a victim of one of these offenses.
Applicable statutes
The codified Kentucky law this guide is drawn from.
Practical examples
Example 1. A 17-year-old and a 25-year-old, an eight-year gap. Because the gap is under ten years, KRS 510.060(1)(b) does not reach this conduct.
Example 2. A 17-year-old and a 28-year-old, an eleven-year gap. This exceeds ten years, so rape in the third degree applies even though the younger person is 17.
Example 3. A 15-year-old and a 17-year-old, sexual contact only, both under 18. This could fit the complete defense to sexual abuse in the third degree.
Frequently asked questions about Kentucky
What is the age of consent in Kentucky?
16, though a 16 or 17 year old’s ability to consent is limited by a 2018 law if their partner is 10 or more years older.
Does Kentucky have a Romeo and Juliet law?
For sexual contact short of intercourse, yes: a complete defense exists where the victim is 14 or 15 and the offender is themselves under 18. For intercourse specifically, this guide found a less clear picture for offenders 18 to 20 with a 14 or 15 year old victim.
Why does the 10-year rule apply to 16 and 17 year olds?
A 2018 amendment to KRS 510.060 added this rule specifically to address large age gaps involving older teenagers who had already reached the general age of consent.
Does a position of authority change anything?
Yes. A position of authority or special trust, or providing a foster family home, brings rape in the third degree into play regardless of the otherwise-available age gap.
Does the five-year defense apply to intercourse or just contact?
It applies specifically to sexual abuse in the second degree, which covers contact short of intercourse. This guide did not find the same defense stated for the intercourse-based rape statutes.
Official sources
Primary and official sources this guide is built from.
Kentucky’s layered age rules
The relevant rule depends on both ages and the type of conduct.
| Circumstance | Rule |
|---|---|
| Victim under 16, offender 21+ | Rape 3rd degree applies |
| Victim 16–17, offender 10+ years older | Rape 3rd degree applies (added 2018) |
| Victim 16–17, offender under 10 years older | Not covered by this statute |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Kentucky Revised Statutes and the Kentucky Office of the Attorney General’s official reference chart, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Kentucky attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Kentucky Revised Statutes as of 26 July 2026. It has not yet been reviewed by a licensed Kentucky attorney. A gap in this guide’s own research is flagged above: it could not confirm which statute, if any, addresses sexual intercourse between an 18-to-20-year-old offender and a 14-or-15-year-old victim, since that combination did not clearly fit the rape statutes this guide reviewed. This should be the first item confirmed in any future review.