510.070 Sodomy in the first degree. (1) A person is guilty of sodomy in the first degree when: (a) He engages in deviate sexual intercourse with another person by forcible compulsion; or (b) He engages in deviate sexual intercourse with another person who is incapable of consent because he: 1. 2. Is physically helpless; or Is less than twelve (12) years old. (2) Sodomy in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 87, effective January 1, 1975.