Ky. Rev. Stat. § 531.335

Current through 2024 Ky. Acts ch. 225

Section 531.335 - 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. 15,§ 10, eff. 7/15/2024.

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

Amended by 2013 Ky. Acts ch. 41,§ 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.