(1) A person is guilty of using minors to distribute obscene material when knowing a person to be a minor, or having possession of such facts that he should reasonably know such person is a minor, and knowing of the content and character of the material, he knowingly:
(a) Hires; or

Attorney's Note

Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class D felonybetween 1 and 5 yearsbetween $1,000 and $10,000
Class A misdemeanorup to 12 months up to $500
For details, see § 532.060 and § 532.090
criminal case

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Terms Used In Kentucky Statutes 531.040

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Distribute: means to transfer possession of, whether with or without consideration. 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

(b) Employs; or
(c) Uses,
a minor to do or assist in doing any of the acts prohibited by KRS § 531.020.
(2) Using minors to distribute obscene material is a Class A misdemeanor unless the defendant has previously been convicted of violation of this section or KRS
531.030, in which case it shall be a Class D felony.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 268, effective January 1, 1975.

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