A person generally commits the criminal offense of sexual assault of a child—regardless of whether the person knows the age of the child at the time of the offense—if the person (1) causes the penetration of the anus or sexual organ of a child by any means; (2) causes the penetration of the mouth of a child by the sexual organ of the person; (3) causes the sexual organ of the child to contact or penetrate the mouth, anus, or sexual organ of the person or another person; (4) causes the anus of a child to contact the mouth, anus, or sexual organ of the person or another person; or (5) causes the mouth of a child to contact the anus or sexual organ of the person or another person.
The naming and definition of the criminal offense of sexual assault of a child varies from state to state. These criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Kentucky, the criminal offense of sexual assault of a child is referred to as 'sodomy' or 'sexual abuse,' depending on the nature and circumstances of the offense. Under Kentucky law, particularly KRS 510.070 and KRS 510.110, an individual commits the offense of sodomy in the first degree when he or she engages in deviate sexual intercourse with another person who is less than 12 years old, regardless of whether the offender knows the age of the child. Sexual abuse, on the other hand, is defined under KRS 510.120 and can include any sexual contact with a child under the age of 16 when the perpetrator is in a position of authority or trust over the child. These offenses are serious felonies and carry severe penalties, including lengthy prison sentences. It is important to note that ignorance of the child's age is not a defense to these charges in Kentucky.