531.080 Special verdict.

295 words·~1 min read·/ky/chapter-531/531-080

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

(1)The jury, or the court, if a jury trial is waived, shall render a general verdict, and

shall also render a special verdict as to whether the matter named in the charge is

obscene. The special verdict or findings on the issue of obscenity may be: "We find

the .... (title or description of matter) to be obscene," or, "We find the .... (title or

description of matter) not to be obscene," as they may find each item is or is not

obscene.

(2)Whenever a person is tried for distribution of matter portraying a sexual

performance by a minor, the jury, or the court, if a jury trial is waived, shall render a

special verdict as to whether the matter named in the charge portrays a sexual

performance by a minor. The special verdict or findings on the issue of whether or

not the matter portrays a sexual performance by a minor may be: "We find the . . . .

. (title or description of matter) to portray a sexual performance by a minor," or,

"We find the . . . . . (title or description of matter) not to portray a sexual

performance by a minor," as they may find each item to portray or not to portray a

sexual performance by a minor.

(3)Upon the conviction of the accused, the court may, when the conviction becomes

final, order any matter or advertisement, in respect whereof the accused stands

convicted, and which remains in the possession or under the control of the Attorney

General, Commonwealth's attorney, county attorney, city attorney or their

authorized assistants, or any law enforcement agency, to be destroyed, and the court

may cause to be destroyed any such material in its possession or under its control.