By Christie Nicholson, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed July 15, 2024
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Child pornography is illegal under state and federal law. These laws are extremely strict, and if the state convicts you of child pornography charges, you’ll face severe penalties, including having to register as a sex offender.
The Commonwealth of Kentucky takes the crime of child pornography quite seriously. Here, we’ll explain the child porn laws in the state. We’ll also explain the possible defenses your criminal defense lawyer can use if the state charges you with this criminal offense.
Finally, we’ll discuss the penalties you’ll face if the court finds you guilty of distribution of child pornography or any other child porn offense.
Most states define child pornography the same way. The Kentucky Revised Statutes (KRS) may use different language than other states, but the elements of the crime are similar.
Kentucky law criminalizes the creation, possession, distribution, and promotion of material that portrays minors in sexual performances. This includes any play, film, photograph, or dance that depicts a minor engaging in any of the following:
The following tables highlight Kentucky's primary child pornography laws.
| Code section | Producing child pornography Kentucky Revised Statutes section 531.320 |
|---|---|
| What's prohibited? | Producing, directing, or promoting any performance that includes sexual conduct by a minor while knowing the character and content of the material |
| Penalties |
|
| Code section | Viewing or possession of child pornography |
|---|---|
| What's prohibited? | While knowing the material's content and that the sexual performance portrayed in the content involves a minor:
|
| Exceptions | This law doesn't apply to:
|
| Penalties | Class D felony |
| Code section | Distributing child pornography |
|---|---|
| What's prohibited? | While having knowledge of the material's content:
While knowing the material's content:
Doing any of the following while in Kentucky:
|
Presumption of intent to distribute |
There is a rebuttable presumption that any person who has more than one copy of a particular piece of child pornography has the intent to distribute. |
| Penalties |
|
| Code section | Selling or promoting child pornography |
|---|---|
| What's prohibited? | While knowing the material depicts a sexual performance by a minor, requiring the buyer of a publication to receive material containing child pornography, threatening to deny a franchise, or imposing a penalty if the buyer fails to accept the materials. |
| Penalties |
|
If the state finds evidence that you possess child porn, it will be difficult to contest any criminal charges that follow. As you can see, the laws in Kentucky are pretty clear on what constitutes possession, viewing, and distribution of child porn.
It doesn’t matter whether you engaged in sexual activity with a minor on film or in pictures. The fact that you have this material in your possession is enough for the state to convict you of a sex crime.
Odds are, if the judge finds you guilty, you’ll be facing a prison sentence along with fines and the requirement that you register as a sex offender. To avoid this from happening, you may need a skilled criminal defense lawyer in Kentucky. They’ll review your case to determine if there are any possible defenses.
There are few defenses to this crime. But, if you can show any of the following, your lawyer may be able to get the prosecutor to dismiss or reduce the charges against you:
State laws change frequently. If you’re facing child pornography charges, you should talk to a Kentucky criminal defense lawyer. Not only are attorneys familiar with Kentucky's child pornography laws, but they also know the consequences you’re facing.
Contact a qualified attorney.
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