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KRS 531.300

Definitions for KRS 531.080 and 531.300 to 531.370

Applied in 20 court decisions — leading case Payne v. Commonwealth (1981)

Most recently applied in David Jones v. Clark Cty., Ky. (May 2020)

Effective: July 15, 2024 History: Amended 2024 Ky

How often courts cite this section

1981199020002010202020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in KRS 531.080 and 531.300 to 531.370:

(1) "Obscene" means the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving minors;

(2) "Performance" means any play, motion picture, photograph, dance, or any other visual representation or computer-generated image exhibited before an audience;

(3) "Promote" means to prepare, publish, print, procure, or manufacture, or to offer or agree to do the same;

(4) "Sexual conduct by a minor" means:

(a) Acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviate sexual intercourse, actual or simulated;

(b) Physical contact with, or willful or intentional exhibition of the genitals;

(c) Flagellation or excretion for the purpose of sexual stimulation or gratification; or (d) The exposure, in an obscene manner, of the unclothed or apparently unclothed human male or female genitals, pubic area or buttocks, or the female breast, whether or not subsequently obscured by a mark placed thereon, or otherwise altered, in any resulting motion picture, photograph, computer-generated image, or other visual representation, exclusive of exposure portrayed in matter of a private, family nature not intended for distribution outside the family;

(5) "Sexual performance" means any performance or part thereof which includes sexual conduct by a minor; and (6) "Traffic" means to manufacture, distribute, sell, transfer, or possess with intent to manufacture, distribute, sell, or transfer.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.