(1) A civil action may be maintained under this section against any person who, in violation of KRS § 531.120(3), does not remove a sexually explicit image upon the request of the person depicted in the image.

(2) A civil action may be maintained under this section whether or not the individual who is alleged to have violated KRS § 531.120(3) has been charged or convicted under KRS § 531.120. Liability under this section shall include damages of one thousand dollars ($1,000) for each sexually explicit image for each day the image remains on the Web site after receipt of the request.
(3) An action under this section shall be brought within two (2) years of the last act of conduct in violation of KRS § 531.120(3).

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Terms Used In Kentucky Statutes 411.215

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 50, sec. 3, effective July 14, 2018.