531.120 Distribution of sexually explicit images without consent.

343 words·~2 min read·/ky/chapter-531/531-120

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

(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

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. sec. 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 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.