Kentucky Statutes 531.120 – Distribution of sexually explicit images without consent
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(1) A person is guilty of distribution of sexually explicit images without consent when: (a) He or she intentionally distributes to any third party private erotic matter
without the written consent of the person depicted, and does so with the intent
For details, see § 532.060 and § 532.090
to profit, or to harm, harass, intimidate, threaten, or coerce the person depicted; and
(b) The disclosure would cause a reasonable person to suffer harm. (2) This section shall not apply to:
(a) Images involving voluntary nudity or sexual conduct in public, commercial settings, or in a place where a person does not have a reasonable expectation of privacy;
(b) Disclosures made in the public interest, including the reporting of unlawful conduct, or lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings, or medical treatment;
(c) Disclosures of materials that constitute a matter of public concern; or
(d) Internet service providers or telecommunications services, or interactive computer services, as defined in 47 U.S.C. § 230(f)(2), for content solely provided by another person.
(3) A person who maintains an Internet Web site, online service, online application, or mobile application that distributes private erotic matter shall remove any such image if requested by a person depicted, and shall not solicit or accept a fee or other consideration to remove the visual image.
(4) Distribution of sexually explicit images without consent is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense, unless the person distributes the private erotic matter for profit or gain, in which case it is a Class D felony for the first offense and a Class C felony for each subsequent offense.
(5) In this section, “consent” means the consent to transmission of images to a specific recipient or recipients. Consent to the creation of the visual image does not, by itself, constitute consent to the distribution of the visual image.
(6) Notwithstanding KRS § 17.500 to KRS § 17.580, a conviction under this section shall not result in the offender being deemed a registrant or being required to register as a sex offender.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 50, sec. 2, effective July 14, 2018.
without the written consent of the person depicted, and does so with the intent
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| 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 531.120
- Conviction: A judgement of guilt against a criminal defendant.
- 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 - Private erotic matter: means an obscene visual image, including a photograph, film, video recording, or digital reproduction, of an identifiable person, depicting sexual conduct or the exposure of uncovered human genitals, buttocks, or nipple of the female breast. See Kentucky Statutes 531.010
- Sexual conduct: means acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviant sexual intercourse. See Kentucky Statutes 531.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
to profit, or to harm, harass, intimidate, threaten, or coerce the person depicted; and
(b) The disclosure would cause a reasonable person to suffer harm. (2) This section shall not apply to:
(a) Images involving voluntary nudity or sexual conduct in public, commercial settings, or in a place where a person does not have a reasonable expectation of privacy;
(b) Disclosures made in the public interest, including the reporting of unlawful conduct, or lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings, or medical treatment;
(c) Disclosures of materials that constitute a matter of public concern; or
(d) Internet service providers or telecommunications services, or interactive computer services, as defined in 47 U.S.C. § 230(f)(2), for content solely provided by another person.
(3) A person who maintains an Internet Web site, online service, online application, or mobile application that distributes private erotic matter shall remove any such image if requested by a person depicted, and shall not solicit or accept a fee or other consideration to remove the visual image.
(4) Distribution of sexually explicit images without consent is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense, unless the person distributes the private erotic matter for profit or gain, in which case it is a Class D felony for the first offense and a Class C felony for each subsequent offense.
(5) In this section, “consent” means the consent to transmission of images to a specific recipient or recipients. Consent to the creation of the visual image does not, by itself, constitute consent to the distribution of the visual image.
(6) Notwithstanding KRS § 17.500 to KRS § 17.580, a conviction under this section shall not result in the offender being deemed a registrant or being required to register as a sex offender.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 50, sec. 2, effective July 14, 2018.