Section 531.340 - [As amended by 2024 Ky. Acts ch. TBD] [Effective 7/15/2024] Distribution of matter portraying a sexual performance by a minor(1) A person is guilty of distribution of matter portraying a sexual performance by a minor when, having knowledge of its content and character, he or she: (a) Sends or causes to be sent into this state for sale or distribution;(b) Brings or causes to be brought into this state for sale or distribution; or(c) In this state: 1. Exhibits for profit or gain;3. Offers to distribute; or4. Has in his or her possession with intent to distribute, exhibit for profit or gain or offer to distribute; any matter portraying a sexual performance by a minor or computer-generated image of a minor.
(2) Any person who has in his or her possession more than one (1) unit of matter, as defined in Section 2 of this Act, shall be rebuttably presumed to have that matter in his or her possession with the intent to distribute it.(3) Distribution of matter portraying a sexual performance by a minor is: (a) A Class D felony for the first offense, and a Class C felony for each subsequent offense, 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 for the first offense, and a Class B felony for each subsequent offense, if the person knows that the minor or computer-generated image of a minor portrayed is less than twelve (12) years old at the time of the sexual performance.Effective: June 29, 2021
Amended 2021 Ky. Acts ch. 87, sec. 2, effective June 29, 2021. -- Amended 2006 Ky. Acts ch. 182, sec. 40, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 201, sec. 2, effective July 14, 1992. -- Created 1978 Ky. Acts ch. 219, sec. 6, effective June 17, 1978.
Amended by 2024 Ky. Acts ch. TBD,§ 11, eff. 7/15/2024.Amended by 2021 Ky. Acts ch. 87,§ 2, eff. 6/29/2021.Effective:7/12/2006
Amended 2006, Ky. Acts ch. 182, sec. 40, effective7/12/2006. -- Amended 1992 Ky. Acts ch. 201, sec. 2, effective 7/14/1992. -- Created 1978 Ky. Acts ch. 219, sec. 6, effective 6/17/1978.This section is set out more than once due to postponed, multiple, or conflicting amendments.