531.125 Sexual extortion.
612 words·~3 min read·
/ky/chapter-531/531-125A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A person is guilty of sexual extortion when he or she communicates, through any
means, a threat to:
(a)Injure the property or reputation of another person or commit violence against
another person with the intent to coerce that person to:
1. Engage in sexual conduct; or
2. Produce, provide, or distribute any matter depicting that person
engaging in sexual conduct or in a state of nudity or seminudity; or
(b)Distribute any matter depicting another person engaged in sexual conduct or
in a state of nudity or seminudity with the intent to coerce that person to:
1. Engage in sexual conduct;
2. Produce, provide, or distribute any matter depicting that person
engaging in sexual conduct or in a state of nudity or seminudity;
3. Provide the payment of money, property, services, or any other thing of
value to the perpetrator; or
4. Do any act or refrain from doing any act against his or her will.
(2)Sexual extortion is a Class A misdemeanor unless:
(a)The victim, as a result of the commission of the offense:
1. Engages in sexual conduct;
2. Produces, provides, or distributes any matter depicting himself or herself
engaging in sexual conduct or in a state of nudity or seminudity;
3. Provides the payment of money, property, services, or any other thing of
value to the offender;
4. Does any act or refrains from doing any act against his or her will; or
5. Suffers serious physical injury;
in which case it is a Class D felony; or
(b)1. The person:
a. Was previously convicted of any sexual offense under KRS
Chapter 510 or a sex crime as defined in KRS 17.500;
b. Occupied a position of special trust or a position of authority as
those terms are defined in KRS 532.045 in relation to the victim;
c. Used or threatened the use of a deadly weapon or dangerous
instrument against the victim during the commission of the
offense; or
d. Is an adult and the victim is a minor, and there is greater than a
four
(4)year difference in age between them; or
2. The offense was committed during the course of a kidnapping as
described in KRS 509.040;
in which case the person shall be charged one
(1)level higher than the level
otherwise specified in this subsection.
(3)If the victim attempts suicide resulting in serious physical injury or dies by suicide
within ninety
(90)days of the commission of the offense as a proximate result of
the trauma the victim experienced during or following the commission of the
offense, the person may be prosecuted for homicide under KRS Chapter 507 or
assault under KRS Chapter 508.
(4)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)When acting in its capacity as a provider of those services, a:
1. Broadband internet access service provider;
2. Telecommunications service provider, an interconnected VoIP service
provider, or a mobile service provider as defined in 47 U.S.C. sec. 153;
3. Commercial mobile service provider as defined in 47 U.S.C. sec. 332; or
4. Cable operator as defined in 47 U.S.C. sec. 522; or
(e)An interactive computer service, as defined in 47 U.S.C. sec. 230, related to
content provided by a user of the interactive computer service.