510.155 Unlawful use of electronic means originating or received within the

485 words·~2 min read·/ky/510-155

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Commonwealth to induce a minor to engage in sexual or other prohibited

activities -- Prohibition of multiple convictions arising from single course of

conduct -- Solicitation as evidence of intent.

(1)It shall be unlawful for any person to knowingly use a communications system,

including computers, computer networks, computer bulletin boards, cellular

telephones, or any other electronic means, for the purpose of:

(a)Procuring or promoting the use of a minor, including a peace officer, or a

person working in coordination with law enforcement, posing as a minor if

the person believes that the peace officer or the person working in

coordination with law enforcement is a minor or is wanton or reckless in that

belief; or

(b)Procuring or promoting the use of a minor from an adult intermediary,

including a peace officer, or a person working in coordination with law

enforcement, posing as an adult intermediary for a minor if the person

believes that the peace officer or the person working in coordination with law

enforcement is an adult intermediary for a minor or is wanton or reckless in

that belief;

for any activity in violation of KRS 510.040, 510.050, 510.060, 510.070, 510.080,

510.090, 510.110, 529.100 where that offense involves commercial sexual activity,

or 530.064(1)(a), or KRS Chapter 531.

(2)No person shall be convicted of this offense and an offense specified in KRS

506.010, 506.030, 506.040, or 506.080 for a single course of conduct intended to

consummate in the commission of the same offense with the same minor or peace

officer.

(3)Each day a person knowingly uses a communications system for the purpose of

procuring or promoting the use of a minor shall be a separate violation of this

section.

(4)The solicitation of a minor through electronic communication under subsection

of this section shall be prima facie evidence of the person's intent to commit the

offense, and the offense is complete at that point without regard to whether the

person met or attempted to meet the minor.

(5)This section shall apply to electronic communications originating within or received

within the Commonwealth.

(6)Except as provided in subsection

(7)of this section, a violation of this section is

punishable as a Class C felony.

(7)A violation of this section is punishable as a Class B felony if:

(a)The minor or perceived minor procured or promoted is under twelve

years old;

(b)The offender is a person in a position of authority or position of special trust

as those terms are defined in KRS 532.045;

(c)The offender is a registrant;

(d)A person enters into the Commonwealth from another jurisdiction for the

purpose of procuring or promoting the use of a minor or perceived minor in

violation of this section; or

(e)The minor or perceived minor procured or promoted is for an activity in

violation of KRS 529.100 where that offense involves commercial sexual

activity.