Bill filed by KY lawmaker, ‘Survivor’ winner to alter part of incest law was an error

A Republican-sponsored bill that would remove first cousins from Kentucky’s criminal incest law quickly went viral online Tuesday — but the lawmaker behind it says the much-ridiculed change was included in error.

The original text of House Bill 269, sponsored by Rep. Nick Wilson of Williamsburg, struck “first cousins” from the list of familial relatives it is illegal for an individual to have sex with. Other relatives that remained in the statute include parents, grandparents, aunts, uncles and siblings.

“During the drafting process, there was an inadvertent change, which struck ‘first cousins’ from the list of relationships included under the incest statute, and I failed to add it back in,” Wilson wrote on Facebook Wednesday morning. “During today’s session, I will withdraw HB 269 and refile a bill with the ‘first cousin’ language intact.”

That afternoon, Wilson officially withdrew his bill.

Wilson said he filed the bill to “combat a problem of familial and cyclical abuse that transcends generations of Kentuckians.”

“I understand that I made a mistake, but I sincerely hope my mistake doesn’t hurt the chances of the corrected version of the bill,” he wrote. “It is a good bill, and I hope it will get a second chance.”

Wilson’s original bill quickly went viral on X, the social media platform formerly known as Twitter, thanks to a combination of the bill’s content, stereotypes about Kentucky and the sponsor’s reality TV background.

Wilson, an attorney, won “Survivor: David vs. Goliath,” the 37th season of the CBS competition, in 2018.

Wilson’s bill would, additionally, expand the definition of incest to include “engages in sexual contact” with in addition to the already codified “sexual intercourse” and “deviate sexual intercourse.”

In his Facebook post, Wilson said “sexual touching/groping by uncles, stepdads or anyone with a familial relationship is not included in incest,” and that’s why he wanted to broaden the scope of the law.

Such “sexual contact” would be a Class D felony, unless the victim is under age 12, at which point it becomes a Class C felony.

Intercourse, if committed by “consenting persons,” would remain a Class C felony.

Wilson filed two other bills Tuesday.

House Bill 270 would make it a Class D felony to travel to Kentucky to with the “intent to engage in specified sexual offenses” — rape, sodomy, sexual abuse and human trafficking — that involve “commercial sexual activity.”

House Bill 271 would allow for people who suspect child abuse or neglect to make a written report, in addition to the law’s current oral reporting protocol.

This story has been updated with comments from Rep. Nick Wilson

This story was originally published January 17, 2024 at 11:30 AM.

Tessa Duvall

Lexington Herald-Leader

859-334-0430

Tessa has been the Herald-Leader’s Politics and Public Affairs Editor since March 2024, after acting as Frankfort Bureau Chief since joining the paper in August 2022. A native of Bowling Green and a graduate of Western Kentucky University, Tessa has also reported in Texas, Florida and Louisville, where she covered education, criminal justice and policing.