Kentucky Statutes 531.335 – Possession or viewing of matter portraying a sexual performance by a minor — Applicability
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(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:
(a) Knowingly has in his or her possession or control any matter which visually depicts an actual sexual performance by a minor person; or
For details, see § 532.060
(b) Intentionally views any matter which visually depicts an actual sexual performance by a minor person.
(2) The provisions of subsection (1)(b) of this section:
(a) 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;
(b) 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
(c) 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.
(3) Possession or viewing of matter portraying a sexual performance by a minor is:
(a) 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
(b) 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.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 87, sec. 1, effective June 29, 2021. — Amended
2013 Ky. Acts ch. 41, sec. 5, effective June 25, 2013. — Amended 2006 Ky. Acts ch.
182, sec. 39, effective July 12, 2006. — Created 1992 Ky. Acts ch. 201, sec. 1, effective July 14, 1992.
(a) Knowingly has in his or her possession or control any matter which visually depicts an actual sexual performance by a minor person; 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 531.335
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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
(b) Intentionally views any matter which visually depicts an actual sexual performance by a minor person.
(2) The provisions of subsection (1)(b) of this section:
(a) 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;
(b) 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
(c) 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.
(3) Possession or viewing of matter portraying a sexual performance by a minor is:
(a) 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
(b) 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.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 87, sec. 1, effective June 29, 2021. — Amended
2013 Ky. Acts ch. 41, sec. 5, effective June 25, 2013. — Amended 2006 Ky. Acts ch.
182, sec. 39, effective July 12, 2006. — Created 1992 Ky. Acts ch. 201, sec. 1, effective July 14, 1992.