(1) A person is guilty of advertising material portraying a sexual performance by a minor when, having knowledge of its content and character thereof, he or she writes or creates advertising or solicits anyone to publish such advertising or otherwise promotes the sale or distribution of matter portraying a sexual performance by a minor.
(2) Advertising material portraying a sexual performance by a minor is a Class D felony for the first offense and a Class C felony for each subsequent offense.

Attorney's Note

Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonybetween 5 and 10 yearsbetween $1,000 and $10,000
Class D felonybetween 1 and 5 yearsbetween $1,000 and $10,000
For details, see § 532.060

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Terms Used In Kentucky Statutes 531.360

  • 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

Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 182, sec. 41, effective July 12, 2006. — Created
1978 Ky. Acts ch. 219, sec. 9, effective June 17, 1978.