(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;
2. Distributes;
3. Offers to distribute; or 4. 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 KRS 531.010, 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 C 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 B felony 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.
(4) Any person convicted under this section shall not be released on probation or parole until he or she has served at least eighty-five percent (85%) of the sentence imposed.