Sodomy 3rd Degree in Kentucky

My question involves criminal law for the state of: Kentucky. My Brother is being charged with sodemy 3rd degree. He was caught by a police officer giving this girl oral sex in a park. He is 23 years old. He thought she was 18. She lied to him. Turns out she is 14 going to be 15 in Jan. He didn't know her true age until they got caught and the police officer informed him. Now he is facing a felony charge. Also it did state on the police report when asked she did say she was there on her own free will.

I'm so beside myself on this because I know you should not be messing around with a 14 year old when your 23 years old. But she did lie about her age and thats not far to him, if he didn't know her true age. He even said if he knew how old she was he wouldn't have messed with her.

So now what should he do? Can we get the girl to sign some kind of form to let the judge know she did not tell him her true age? Also it's the state pressing charges not the girls parents. I don't understand that either.:confused:

Ignorance of her age is not an affirmative defense.

In other words, it was his JOB to find out how old she was.

Forgot another point.

At 14, she cannot, legally, GIVE consent to sexual behavior.

Even if she SCREAMED and BEGGED for it, he is still at fault.

Okay. So in other words he is going to have to do time because he is stupid (for lack of a better word).

Can you tell me why the state is pressing charges and not her parents? And what kind of time will he be facing?:wallbang:

If you post the exact statute under which he was charged, we can give you more details.

I know what you mean not all people think!!! So he could be facing 20 years even if he has no criminal record of any kind.

I just hate to see his life fall apart because of one BIG mistake. But I guess some people have to learn the hard way, Right?:wallbang:

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Quoting 123dh

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I know what you mean not all people think!!! So he could be facing 20 years even if he has no criminal record of any kind.

I just had to see his life fall apart because of one BIG mistake. What I guess some people have to learn the hard way, Right?:wallbang:

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It's bigger than you think.

Odds are he will have to register as a sex offender when he DOES get out.

Businesses really don't like to hire sex offenders.

Can't say I blame them. All I know is he is charged with Sodemy 3rd degree.:wallbang:

Okay, let's just assume he was charged under this...

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510.090 Sodomy in the third degree.
(1) A person is guilty of sodomy in the third degree when:
(a) He engages in deviate sexual intercourse with another person who is incapable of consent because he or she is mentally retarded;
(b) Being twenty-one (21) years old or more, he or she engages in deviate sexual intercourse with another person less than sixteen (16) years old; or
(c) Being twenty-one (21) years old or more, he or she engages in deviate sexual intercourse with another person less than eighteen (18) years old and for whom he or she provides a foster family home as defined in KRS 600.020; or
(d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she engages in deviate sexual intercourse with a minor less than sixteen (16) years old with whom he or she comes into contact as a result of that position.
(2) Sodomy in the third degree is a Class D felony.

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Class D Felonies in Kentucky carry...

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532.020. Designation of offenses.

(1) Any offense defined outside this code for which a law outisde this code provides a sentence to a term of imprisonment in the state penitentiary of reformatory for:

(a) At least one (1) but not more than five (5) years shall be deemed a Class D felony;

(b) At least five (5) but not more than ten (10) years shall be deemed a Class C felony;

(c) At least ten (10) but not more than twenty (20) years shall be deemed a Class B felony;

(d) For twenty (20) years or more years shall be deemed a Class A felony.

(2) Any offense defined outside this code for which a law outside this code provides a sentence to a definite term of imprisonment with a maximum which falls betwen ninety (90) days and twelve months shall be deemed a Class A misdemeanor.

(3) Any offense defined outside this code for which a law outside this code provides a sentence to a definite term of imprisonment with a maximum of less than ninety (90) days shall be deemed a Class B misdemeanor.

(4) Any offense defined outside this code for which a law outside this code provides a sentence to a fine only or to any other punishment, whether in combination with a fine or not, other than death or imprisonment shall be deemed a violation.

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So he is looking at between 1-5 years.

Which is actually light. There is an entire HOST of other charges he could have been hit with....

Needless to say, he needs to sell everything he owns and get the best lawyer he can find.

How can I find out the exact statute?