Stinson v. Commonwealth

Opinion of the Court by

Justice SCOTT.

Appellant was indicted for first-degree sexual abuse under KRS 510.110(l)(d) and subsequently entered a conditional Alford guilty plea while reserving his right to appeal the trial court’s judgment. The Court of Appeals affirmed the trial court’s decision and we granted discretionary review. Appellant makes three arguments in support of his appeal: (1) that “lack of consent” is an element of first degree sexual abuse under KRS 510.110(l)(d), (2) that KRS 510.110(l)(d) is unconstitutionally vague, and (3) that KRS 510.110(l)(d) is unconstitutionally…