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Current as of January 01, 2024 | Updated by FindLaw Staff
(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
(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.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title L. Kentucky Penal Code § 531.335.Possession or viewing of matter portraying a sexual performance by a minor; applicability - last updated January 01, 2024 | https://codes.findlaw.com/ky/title-l-kentucky-penal-code/ky-rev-st-sect-531-335/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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