Kentucky Statutes 510.155 – Unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities — Prohibition of multiple convictions arising from single course of con…
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(1) It shall be unlawful for any person to knowingly use a communications system, including computers, computer networks, computer bulletin boards, cellular telephones, or any other electronic means, for the purpose of:
(a) Procuring or promoting the use of a minor, including a peace officer, or a person working in coordination with law enforcement, posing as a minor if the person believes that the peace officer or the person working in coordination with law enforcement is a minor or is wanton or reckless in that belief;or
For details, see § 532.060
(b) Procuring or promoting the use of a minor from an adult intermediary, including a peace officer, or a person working in coordination with law enforcement, posing as an adult intermediary for a minor if the person believes that the peace officer or the person working in coordination with law enforcement is an adult intermediary for a minor or is wanton or reckless in that belief;
for any activity in violation of KRS § 510.040, 510.050, 510.060, 510.070, 510.080,
510.090, 510.110, 529.100 where that offense involves commercial sexual activity, or 530.064(1)(a), or KRS Chapter 531.
(2) No person shall be convicted of this offense and an offense specified in KRS
506.010, 506.030, 506.040, or 506.080 for a single course of conduct intended to consummate in the commission of the same offense with the same minor or peace officer.
(3) Each day a person knowingly uses a communications system for the purpose of procuring or promoting the use of a minor shall be a separate violation of this section.
(4) The solicitation of a minor through electronic communication under subsection (1) of this section shall be prima facie evidence of the person’s intent to commit the offense, and the offense is complete at that point without regard to whether the person met or attempted to meet the minor.
(5) This section shall apply to electronic communications originating within or received within the Commonwealth.
(6) Except as provided in subsection (7) of this section, a violation of this section is punishable as a Class D felony.
(7) A violation of this section is punishable as a Class C felony if:
(a) The minor or perceived minor procured or promoted is under twelve (12)
years old;
(b) The offender is a registrant; or
(c) A person enters into the Commonwealth from another jurisdiction for the purpose of procuring or promoting the use of a minor or perceived minor in violation of this section.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 88, sec. 2, effective June 29, 2021. — Amended
2013 Ky. Acts ch. 41, sec. 4, effective June 25, 2013. — Amended 2009 Ky. Acts ch.
100, sec. 1, effective June 25, 2009. — Amended 2007 Ky. Acts ch. 19, sec. 12, effective June 26, 2007. — Amended 2006 Ky. Acts ch. 182, sec. 35, effective July
12, 2006. — Created 2005 Ky. Acts ch. 160, sec. 1, effective June 20, 2005.
(a) Procuring or promoting the use of a minor, including a peace officer, or a person working in coordination with law enforcement, posing as a minor if the person believes that the peace officer or the person working in coordination with law enforcement is a minor or is wanton or reckless in that belief;or
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 510.155
- Adult intermediary: means a person who is age eighteen (18) years or older, who communicates with another for the purpose of procuring or promoting the use of a minor in violation of KRS §. See Kentucky Statutes 510.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) Procuring or promoting the use of a minor from an adult intermediary, including a peace officer, or a person working in coordination with law enforcement, posing as an adult intermediary for a minor if the person believes that the peace officer or the person working in coordination with law enforcement is an adult intermediary for a minor or is wanton or reckless in that belief;
for any activity in violation of KRS § 510.040, 510.050, 510.060, 510.070, 510.080,
510.090, 510.110, 529.100 where that offense involves commercial sexual activity, or 530.064(1)(a), or KRS Chapter 531.
(2) No person shall be convicted of this offense and an offense specified in KRS
506.010, 506.030, 506.040, or 506.080 for a single course of conduct intended to consummate in the commission of the same offense with the same minor or peace officer.
(3) Each day a person knowingly uses a communications system for the purpose of procuring or promoting the use of a minor shall be a separate violation of this section.
(4) The solicitation of a minor through electronic communication under subsection (1) of this section shall be prima facie evidence of the person’s intent to commit the offense, and the offense is complete at that point without regard to whether the person met or attempted to meet the minor.
(5) This section shall apply to electronic communications originating within or received within the Commonwealth.
(6) Except as provided in subsection (7) of this section, a violation of this section is punishable as a Class D felony.
(7) A violation of this section is punishable as a Class C felony if:
(a) The minor or perceived minor procured or promoted is under twelve (12)
years old;
(b) The offender is a registrant; or
(c) A person enters into the Commonwealth from another jurisdiction for the purpose of procuring or promoting the use of a minor or perceived minor in violation of this section.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 88, sec. 2, effective June 29, 2021. — Amended
2013 Ky. Acts ch. 41, sec. 4, effective June 25, 2013. — Amended 2009 Ky. Acts ch.
100, sec. 1, effective June 25, 2009. — Amended 2007 Ky. Acts ch. 19, sec. 12, effective June 26, 2007. — Amended 2006 Ky. Acts ch. 182, sec. 35, effective July
12, 2006. — Created 2005 Ky. Acts ch. 160, sec. 1, effective June 20, 2005.