Cooper v. Commonwealth

Appellant was convicted on the charges of sodomy in the first degree, assault in the second degree, and unlawful imprisonment in the second degree.

Appellant contends that the court erred in submitting a sodomy instruction (KRS 510.070), and in refusing to submit an instruction on sexual misconduct (KRS 510.-140) and in refusing to instruct on the meaning of lack of consent as defined in KRS 510.020.

Appellant argues that the sodomy statute and the sexual misconduct statute have the same elements but different punishments, and therefore a conviction for sodomy would result in a violation of the…