(1) A person is guilty of promoting sale of obscenity when he knowingly, as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, publication or other merchandise, requires that the purchaser or consignee receive any matter reasonably believed by the purchaser or consignee to be obscene, or he denies or threatens to deny a franchise, revokes or threatens to revoke, or imposes any penalty, financial or otherwise, by reason of the failure of any person to accept such matter, or by reason of the return of such matter.
(2) Promoting sale of obscenity is a Class B misdemeanor for the first offense, a Class A misdemeanor for the second offense, and a Class D 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 D felonybetween 1 and 5 yearsbetween $1,000 and $10,000
Class A misdemeanorup to 12 months up to $500
Class B misdemeanorup to 90 daysup to $250
For details, see § 532.060 and § 532.090

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Terms Used In Kentucky Statutes 531.060

  • 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
  • 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

Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 270, effective January 1, 1975.