Stinson v. Commonwealth
2013 Ky. LEXIS 87
| Ky. | 2013Background
- Betty, seventeen, lived with Appellant (her uncle by marriage) in his home during summer 2009 and was subjected to sexual contact.
- Appellant was indicted for first-degree sexual abuse under KRS 510.110(l)(d).
- Before trial, Appellant moved to strike lack of consent as an element and to dismiss, arguing vagueness and overbreadth.
- Appellant pleaded Alford, admitting sexual contact but claiming it was consensual and reserving appeal rights.
- Judgment sentenced Appellant to one year in prison; Court of Appeals upheld; Supreme Court granted discretionary review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is lack of consent an element of KRS 510.110(l)(d)? | Commonwealth argues lack of consent is required. | Appellant contends lack of consent is not an element under l(d). | Yes; lack of consent is shown by age and trust-based coercion, no extra element needed. |
| Is KRS 510.110(l)(d) void for vagueness as applied? | Statute provides definite definitions via 532.045; ambiguousness not shown. | Statute is vague in defining authority/trust and connection to contact. | Not vague; definitions in 532.045 provide fair notice and application to case. |
| Is KRS 510.110(l)(d) unconstitutionally overbroad? | Statute deters permissible consensual conduct between older minors. | Law redefines illegal conduct for minors under authority/trust; not overbroad. | Not overbroad; protects minors irrespective of age within 18. |
Key Cases Cited
- Commonwealth v. Love, 334 S.W.3d 92 (Ky.2011) (statutory interpretation de novo; lack of consent considerations)
- Shawnee Telecom Res., Inc. v. Brown, 354 S.W.3d 542 (Ky.2011) (statutory construction can rely on plain meaning)
- Troxell v. Trammell, 730 S.W.2d 525 (Ky.1987) (specific over general in statutory interpretation)
- Withers v. University of Kentucky, 939 S.W.2d 340 (Ky.1997) (specific vs general statute priority in interpretation)
- Baker v. Commonwealth, 103 S.W.3d 90 (Ky.2003) (legislative intent; protect minors from exploitation)
- United States v. Mazurie, 419 U.S. 544 (U.S.1975) (vagueness standing requires actual case-based challenge)
- Lawrence v. Texas, 539 U.S. 558 (U.S.2003) (privacy rights context cited in overbreadth discussion)