Ky. Rev. Stat. § 510.040 : — KENTUCKY PENAL CODESEXUAL OFFENSES — Rape in the first degree TEXT PDF (1) A person is guilty of rape in the first degree when: (a) He engages in sexual intercourse with another person by forcible compulsion; or (b) He engages in sexual intercourse with another person who is incapable of consent because he: 1. Is physically helpless; or 2. Is less than twelve (12) years old. (2) Rape in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony. KRS 510.040 Effective:1/1/1975 Created 1974 Ky. Acts ch. 406, sec. 84, effective1/1/1975.