Kentucky Statutes 531.340 – Distribution of matter portraying a sexual performance by a minor
Current as of: 2024 | Check for updates
|
Other versions
(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; or
For details, see § 532.060
(b) Brings or causes to be brought into this state for sale or distribution; or
(c) In this state, he or she:
1. Exhibits for profit or gain; or
2. Distributes; or
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.
(2) Any person who has in his or her possession more than one (1) unit of material coming within the provision of KRS § 531.300(2) shall be rebuttably presumed to have such material 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 D felony for the first offense, and a Class C felony for each subsequent offense, 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 for the first offense, and a Class B felony for each subsequent offense, 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. 2, effective June 29, 2021. — Amended
2006 Ky. Acts ch. 182, sec. 40, effective July 12, 2006. — Amended 1992 Ky. Acts ch. 201, sec. 2, effective July 14, 1992. — Created 1978 Ky. Acts ch. 219, sec. 6, effective June 17, 1978.
(a) Sends or causes to be sent into this state for sale or distribution; 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 B felony | between 10 and 20 years | between $1,000 and $10,000 |
| 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 531.340
- Distribute: means to transfer possession of, whether with or without consideration. See Kentucky Statutes 531.010
- 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 - State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Brings or causes to be brought into this state for sale or distribution; or
(c) In this state, he or she:
1. Exhibits for profit or gain; or
2. Distributes; or
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.
(2) Any person who has in his or her possession more than one (1) unit of material coming within the provision of KRS § 531.300(2) shall be rebuttably presumed to have such material 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 D felony for the first offense, and a Class C felony for each subsequent offense, 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 for the first offense, and a Class B felony for each subsequent offense, 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. 2, effective June 29, 2021. — Amended
2006 Ky. Acts ch. 182, sec. 40, effective July 12, 2006. — Amended 1992 Ky. Acts ch. 201, sec. 2, effective July 14, 1992. — Created 1978 Ky. Acts ch. 219, sec. 6, effective June 17, 1978.