Background

• Bradford was indicted in Fayette County for incest based on deviate sexual intercourse with his fourteen-year-old step-grandson (2009 acts).
• Bradford moved to dismiss or amend the indictment, arguing KRS 530.020 does not reach step-grandparent/step-grandchild relationships.
• The Commonwealth contended the statute reaches such relationships by expansion to include marriage/adoption-derived relatives.
• The circuit court denied Bradford's motion and later accepted a conditional guilty plea; Bradford was sentenced to ten years with sex-offender conditions.
• On appeal, the Kentucky Court of Appeals held KRS 530.020 does not extend to step-grandparent/step-grandchild relationships and reversed, remanding to amend the charge to sodomy in the third degree.
• Public policy considerations were left to the General Assembly; the court declined to extend the statute beyond its plain language.

Issues

Key Cases Cited

• Floyd County Bd. of Educ. v. Ratliff, 955 S.W.2d 921 (Ky. 1997) (statutory interpretation favored by plain meaning and legislative intent)
• Dennis v. Commonwealth, 156 S.W.3d 759 (Ky.App.2005) (statutory categories of prohibited relationships include stepparent/stepchild)
• Coy v. Metropolitan Prop. & Cas. Ins. Co., 920 S.W.2d 73 (Ky.App.1995) (unambiguous statutes applied literally; no outside aids)
• Glisson v. State, 188 Ga.App. 152 (Ga.App.1988) (step-grandparent/step-grandchild not included in Georgia incest statute)
• Handyside v. State, 42 Wash.App. 412 (Wash.App.1985) (declined to include step-grandparent/step-grandchild in incest statute)
• State v. Ponsell, 766 So.2d 678 (La.App.2 Cir.2000) (Louisiana statute specifically includes stepgrandchild)
• Caneyville Volunteer Fire Dept. v. Green's Motorcycle Salvage, Inc., 286 S.W.3d 790 (Ky.2009) (public policy concerns left to legislature; policy cannot override statute)