Kentucky Statutes 531.010 – Definitions
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As used in this chapter:
(1) “Distribute” means to transfer possession of, whether with or without consideration. (2) “Matter” means any book, magazine, newspaper, or other printed or written material
or any picture, drawing, photograph, motion picture, live image transmitted over the
Internet or other electronic network, or other pictorial representation or any statue or other figure, or any recording transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines, or materials.
(3) “Obscene” means:
(a) To the average person, applying contemporary community standards, the predominant appeal of the matter, taken as a whole, is to prurient interest in sexual conduct; and
(b) The matter depicts or describes the sexual conduct in a patently offensive way;
and
(c) The matter, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(4) “Private erotic matter” means an obscene visual image, including a photograph, film, video recording, or digital reproduction, of an identifiable person, depicting sexual conduct or the exposure of uncovered human genitals, buttocks, or nipple of the female breast. A person may be identifiable from the image itself or from information distributed in connection with the visual image.
(5) “Sexual conduct” means acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviant sexual intercourse; or physical contact with the genitals, flagellation, or excretion for the purpose of sexual stimulation or gratification.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 50, sec. 1, effective July 14, 2018. — Amended
2009 Ky. Acts ch. 100, sec. 3, effective June 25, 2009. — Created 1974 Ky. Acts ch.
406, sec. 265, effective January 1, 1975.
(1) “Distribute” means to transfer possession of, whether with or without consideration. (2) “Matter” means any book, magazine, newspaper, or other printed or written material
Terms Used In Kentucky Statutes 531.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Matter: means any book, magazine, newspaper, or other printed or written material
or any picture, drawing, photograph, motion picture, live image transmitted over the
Internet or other electronic network, or other pictorial representation or any statue or other figure, or any recording transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines, or materials. See Kentucky Statutes 531.010 - Obscene: means :
(a) To the average person, applying contemporary community standards, the predominant appeal of the matter, taken as a whole, is to prurient interest in sexual conduct. See Kentucky Statutes 531.010 - Sexual conduct: means acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviant sexual intercourse. See Kentucky Statutes 531.010
or any picture, drawing, photograph, motion picture, live image transmitted over the
Internet or other electronic network, or other pictorial representation or any statue or other figure, or any recording transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines, or materials.
(3) “Obscene” means:
(a) To the average person, applying contemporary community standards, the predominant appeal of the matter, taken as a whole, is to prurient interest in sexual conduct; and
(b) The matter depicts or describes the sexual conduct in a patently offensive way;
and
(c) The matter, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(4) “Private erotic matter” means an obscene visual image, including a photograph, film, video recording, or digital reproduction, of an identifiable person, depicting sexual conduct or the exposure of uncovered human genitals, buttocks, or nipple of the female breast. A person may be identifiable from the image itself or from information distributed in connection with the visual image.
(5) “Sexual conduct” means acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviant sexual intercourse; or physical contact with the genitals, flagellation, or excretion for the purpose of sexual stimulation or gratification.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 50, sec. 1, effective July 14, 2018. — Amended
2009 Ky. Acts ch. 100, sec. 3, effective June 25, 2009. — Created 1974 Ky. Acts ch.
406, sec. 265, effective January 1, 1975.