(1) A person is guilty of rape in the third degree when: (a) Being twenty -one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old; (b) Being at least ten (10) years older than a person who is six teen (16) or seventeen (17) years old at the time of sexual intercourse, he or she engages in sexual intercourse with the person; (c) Being twenty -one (21) years old or more, he or she engages in sexual intercourse with another person less than eighteen (1 8) years old and for whom he or she provides a foster family home as defined in KRS 600.020; (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 sexual intercourse with a minor under eighteen (18) years old with whom he or she comes into contact as a result of that position; (e) Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility as defined in KRS 520.010, or of an entity under contract with either department or a detention facility for the custody, supervision, evaluation, or treatment of offenders, he or she subjects a person who he or she knows is incarcerated, supervised, evaluated, or treated by the Department of Corrections, Department of Juvenile Justice, detention facility, or contracting entity, to sexual intercourse; or (f) Being a peace officer, while serving in his or her official capacity, he or she subjects a person who the officer: 1. Arrested, held in custody, or investigated for commission of a traffic or criminal offense; or 2. Knew or should have known was under arrest, held in custody, or being investigated for commission of a traffic or criminal offense; to sexual intercourse. (2) Rape in the third degree is a Class D felony.
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