Hale v. Commonwealth

Summary

The Kentucky Supreme Court affirmed Jeffery Hale’s conviction for first-degree unlawful transaction with a minor. The court held that KRS 530.064 does not require the minor to be induced to commit a crime; inducing the minor to participate in sexual activity that is illegal because of the minor’s age is sufficient. The court also rejected Hale’s unpreserved claim of prosecutorial misconduct during closing argument.

Holdings

1. KRS 530.064 is not limited to cases in which the minor is induced to commit a crime. It also applies when a defendant knowingly induces, assists, or causes a minor to engage in sexual activity that is illegal because the minor is too young to consent.
2. The prosecutor's closing argument was not flagrantly or palpably improper and did not deprive Hale of a fundamentally fair trial.

Questions Presented

1. Whether KRS 530.064 requires proof that the minor was induced to commit a crime, rather than merely induced to engage in sexual activity that was illegal because of the minor's incapacity to consent.
2. Whether the prosecutor's closing argument constituted flagrant or palpable prosecutorial misconduct requiring reversal.

Disposition

affirmed