Kentucky Statutes 531.040 – Using minors to distribute obscene material
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(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
For details, see § 532.060 and § 532.090
(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.
(a) Hires; 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 D felony | between 1 and 5 years | between $1,000 and $10,000 |
Class A misdemeanor | up to 12 months | up to $500 |
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.