Wednesday, March 11, 2015

Having Gay Sex 3 Times is Class D Felony in Kentucky!

Consensual gay sex is criminalized under Kentucky penal code.

KRS 510.100 http://www.lrc.ky.gov/statutes/statute.aspx?id=19767 510.100 Sodomy in the fourth degree. (1) A person is guilty of sodomy in the fourth degree when he engages in deviate sexual intercourse with another person of the same sex. (2) Notwithstanding the provisions of KRS 510.020, consent of the other person shall not be a defense under this section, nor shall lack of consent of the other person be an element of this offense. (3) Sodomy in the fourth degree is a Class A misdemeanor. Effective:January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 90, effective January 1, 1975.

Gay sex is called Sodomy in the 4th degree. It's a Class A misdemeanor, which is the highest of the two misdemeanors in Kentucky, and can get a person fined up to $500 and a year in prison.

Sodomy in the 3rd degree is a Class D Felony charge.

Sodomy in the 2nd degree is a Class C Felony charge.

Sodomy in the 1st degree is a Class B or A Felony charge.

To put gay sex with these other heinous, and rightfully harsh laws, is discriminatory, and just flat out wrong.

In addition to criminalizing lesbian adults for loving each other in the privacy of their own homes, Kentucky has a “3 Strikes, you're out” law for sex crimes (KRS 510.015) ... and while that's fine for non-consensual crimes, but for gay couples who love each other, and has had sex at least 3 times, and got busted for it, then they are “guilty” of a Class D Felony!?!

Are you kidding fk'n me!?!

That's bullshit. That's fk'n ridiculous.

A Class D Felony can get one a year to 5 years in jail (KRS 532.020, 532.060), and fined from $1,000 to $10,000 (KRS 534.030).

Strike 3... You're Out! And then the gay man goes to prison for sodomy... prison... where male-on-male rape is the norm. Yeah Kentucky... y'all really thought that one through, didn't ya?

“510.015 Treatment of third or subsequent misdemeanor under KRS Chapter 510 as Class D felony. Unless a higher penalty is otherwise prescribed and notwithstanding any provision of this chapter to the contrary, a person who commits a third or subsequent misdemeanor offense under this chapter, except for violations of KRS 510.150, may be convicted of a Class D felony. If the Commonwealth desires to utilize the provisions of this section, the Commonwealth shall indict the defendant and the case shall be tried in the Circuit Court as a felony case. The jury, or judge if the trial is without a jury, may decline to assess a felony penalty in a case under this section and may convict the defendant of a misdemeanor. Effective:July 14, 2000 History: Created 2000 Ky. Acts ch. 401, sec. 6, effective July 14, 2000”



Jack Conway prosecuted gay folks for 7 years. 

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