KRS 531.335
Possession or viewing of matter portraying a sexual performance by a minor -- Applicability
Redline — August 1, 2020 → current.View current text →
Current — July 28, 2021
As of August 1, 2020
(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: Knowingly has in his or her possession or control any matter which visually depicts an actual sexual performance by a minor person; or
(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: Knowingly has in his or her possession or control any matter which visually depicts an actual sexual performance by a minor person; or
(2) Intentionally views any matter which visually depicts an actual sexual performance by a minor person.
(2) Intentionally views any matter which visually depicts an actual sexual performance by a minor person.
(3) The provisions of subsection (1)(b) of this section: Shall only apply to the deliberate, purposeful, and voluntary viewing of matter depicting sexual conduct by a minor person and not to the accidental or inadvertent viewing of such matter;
(3) The provisions of subsection (1)(b) of this section: Shall only apply to the deliberate, purposeful, and voluntary viewing of matter depicting sexual conduct by a minor person and not to the accidental or inadvertent viewing of such matter;
(4) 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
(4) 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
(5) 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.
(5) 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.
(6) Possession or viewing of matter portraying a sexual performance by a minor is a Class D felony.
(6) Possession or viewing of matter portraying a sexual performance by a minor is: A Class D felony if the person knows that the minor portrayed is less than eighteen (18) years old at the time of the sexual performance; and
(7) A Class C felony if the person knows that the minor portrayed is less than twelve (12) years old at the time of the sexual performance.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.