KY HB399

Reclassifies first-degree rape, first-degree sodomy, and first-degree sexual abuse from felonies to capital offenses when the victim is under 12 years old, making these crimes eligible for the death penalty

Amends KRS 510.040 (rape), KRS 510.070 (sodomy), and KRS 510.110 (sexual abuse) to create the new capital offense classification for crimes against children under 12

Adds sexual offenses against children under 12 as a new statutory aggravating circumstance in death penalty sentencing procedures under KRS 532.025

Maintains serious physical injury as a factor that elevates these offenses to Class A felony status, separate from the capital offense provision for young victims

Requires presentence hearings with consideration of mitigating and aggravating circumstances before death penalty can be imposed for these newly designated capital offenses