(1) A person is guilty of rape in the second degree when: (a) Being eighteen (18) years old or more, he or she engages in sexual intercourse with another person less than fourteen (14) years old; or (b) He or she engages in sexual intercourse with another pers on who is mentally incapacitated or who is incapable of consent because he or she is an individual with an intellectual disability. (2) Rape in the second degree is a Class C felony, unless the defendant is a person in a position of authority or position o f special trust as those terms are defined in KRS 532.045, in which case it is a Class B felony.
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