Ky. Rev. Stat. § 531.335

Current through Acts Received April 24, 2024

Section 531.335 - [Effective ninety days after adjournment] Possession or viewing of matter portraying a sexual performance by a minor - Applicability

(1) A person is guilty of possession or viewing of matter portraying a sexual performance by a minor when, having knowledge of its content, character, and that the sexual performance is by a minor, he or she:

(a) Knowingly has in his or her possession or control any matter which visually depicts an actual sexual performance by a minor person or computer-generated image of a minor person ; or

(b) Intentionally views any matter which visually depicts an actual sexual performance by a minor person or computer-generated image of a minor person.

(2) The provisions of subsection (1)(b) of this section:

(a) Shall only apply to the deliberate, purposeful, and voluntary viewing of matter depicting sexual conduct by a minor person or computer-generated image of a minor person and not to the accidental or inadvertent viewing of such matter;

(b) Shall not apply to persons viewing the matter in the course of a law enforcement investigation or criminal or civil litigation involving the matter; and

(c) Shall not apply to viewing the matter by a minor or the minor's parents or guardians, or to school administrators investigating violations of subsection (1)(b) of this section.

(3) Possession or viewing of matter portraying a sexual performance by a minor is:

(a) A Class D felony if the person knows that the minor or computer-generated image of a minor portrayed is less than eighteen (18) years old at the time of the sexual performance; and

(b) A Class C felony if the person knows that the minor or computer-generated image of a minor person portrayed is less than twelve (12) years old at the time of the sexual performance.

KRS 531.335

Effective: June 29, 2021

Amended 2021 Ky. Acts ch. 87, sec. 1, effective June 29, 2021. -- Amended 2013 Ky. Acts ch. 41, sec. 5, effective June 25, 2013. -- Amended 2006 Ky. Acts ch. 182, sec. 39, effective July 12, 2006. -- Created 1992 Ky. Acts ch. 201, sec. 1, effective July 14, 1992.

Amended by 2024 Ky. Acts ch. TBD,§ 10, eff. ninety days after adjournment.

Amended by 2021 Ky. Acts ch. 87,§ 1, eff. 6/29/2021.

Amended by 2013 Ky. Acts ch. TBD,§ 5, eff. 6/24/2013.

Effective:7/12/2006
Amended 2006, Ky. Acts ch. 182, sec. 39, effective7/12/2006. -- Created 1992 Ky. Acts ch. 201, sec. 1, effective 7/14/1992.

This section is set out more than once due to postponed, multiple, or conflicting amendments.