531.335 Possession or viewing of matter portraying a sexual performance by a
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/ky/531-335A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
minor -- Applicability.
(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 computer-
generated image of a minor person; or
(b)Intentionally views any matter which visually depicts an actual sexual
performance by a minor person or computer-generated image of 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 or computer-generated image of 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 or computer-generated
image of a 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 or computer-generated
image of a minor person portrayed is less than twelve
(12)years old at the
time of the sexual performance.