UNOFFICIAL COPY 23 RS BR 1230
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AN ACT relating to crimes and punishments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 531.300 is amended to read as follows: 3
As used in KRS 531.080 and 531.310 to 531.370: 4
(1) "Child sex doll" means a doll, mannequin, or robot that is intended for sexual 5
stimulation or gratification and that has the features of, or has features that 6
resemble those of, a minor; 7
(2) "Distribute" means to transfer possession of, whether with or without consideration; 8
(3)[(2)] "Matter" means any book, magazine, newspaper, or other printed or written 9
material or any picture, drawing, photograph, motion picture, live image transmitted 10
over the Internet or other electronic network, or other pictorial representation or any 11
statue or other figure, or any recording transcription or mechanical, chemical or 12
electrical reproduction or any other articles, equipment, machines, or materials; 13
(4)[(3)] "Obscene" means the predominate appeal of the matter taken as a whole is to 14
a prurient interest in sexual conduct involving minors; 15
(5)[(4)] "Sexual conduct by a minor" means: 16
(a) Acts of masturbation, homosexuality, lesbianism, beastiality, sexual 17
intercourse, or deviant sexual intercourse, actual or simulated; 18
(b) Physical contact with, or willful or intentional exhibition of the genitals; 19
(c) Flagellation or excretion for the purpose of sexual stimulation or gratification; 20
or 21
(d) The exposure, in an obscene manner, of the unclothed or apparently unclothed 22
human male or female genitals, pubic area or buttocks, or the female breast, 23
whether or not subsequently obscured by a mark placed thereon, or otherwise 24
altered, in any resulting motion picture, photograph or other visual 25
representation, exclusive of exposure portrayed in matter of a private, family 26
nature not intended for distribution outside the family; 27 UNOFFICIAL COPY 23 RS BR 1230
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(6)[(5)] "Performance" means any play, motion picture, photograph or dance. 1
Performance also means any other visual representation exhibited before an 2
audience; 3
(7)[(6)] "Sexual performance" means any performance or part thereof which includes 4
sexual conduct by a minor;[ and] 5
(8)[(7)] "Promote" means to prepare, publish, print, procure or manufacture, or to 6
offer or agree to do the same; and 7
(9) "Traffic" means to manufacture, distribute, sell, transfer, or possess with intent 8
to manufacture, distribute, sell, or transfer. 9
SECTION 2. A NEW SECTION OF KRS 531.310 TO 531.370 IS CREATED 10
TO READ AS FOLLOWS: 11
(1) A person is guilty of possession of a child sex doll when he or she knowingly 12
possesses a child sex doll. 13
(2) Possession of a child sex doll is a Class D felony. 14
SECTION 3. A NEW SECTION OF KRS 531.310 TO 531.370 IS CREATED 15
TO READ AS FOLLOWS: 16
(1) A person is guilty of trafficking a child sex doll when he or she knowingly traffics 17
a child sex doll. 18
(2) Trafficking a child sex doll is a Class C felony. 19
SECTION 4. A NEW SECTION OF KRS 531.310 TO 531.370 IS CREATED 20
TO READ AS FOLLOWS: 21
(1) A person is guilty of importing a child sex doll when he or she knowingly 22
transports a child sex doll into the Commonwealth by any means with the intent 23
to distribute, sell, or transfer the child sex doll. 24
(2) Importing a child sex doll is a Class C felony. 25
SECTION 5. A NEW SECTION OF KRS 531.310 TO 531.370 IS CREATED 26
TO READ AS FOLLOWS: 27 UNOFFICIAL COPY 23 RS BR 1230
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(1) A person is guilty of advancing a child sex doll when he or she knowingly 1
procures or solicits patrons for a child sex doll or provides premises for the use of 2
a child sex doll. 3
(2) Advancing a child sex doll is a Class C felony. 4
Section 6. KRS 531.340 is amended to read as follows: 5
(1) A person is guilty of distribution of matter portraying a sexual performance by a 6
minor when, having knowledge of its content and character, he or she: 7
(a) Sends or causes to be sent into this state for sale or distribution; or 8
(b) Brings or causes to be brought into this state for sale or distribution; or 9
(c) In this state, he or she: 10
1. Exhibits for profit or gain; or 11
2. Distributes; or 12
3. Offers to distribute; or 13
4. Has in his or her possession with intent to distribute, exhibit for profit or 14
gain or offer to distribute, any matter portraying a sexual performance 15
by a minor. 16
(2) Any person who has in his or her possession more than one (1) unit of material 17
coming within the provision of KRS 531.300(3)[(2)] shall be rebuttably presumed 18
to have such material in his or her possession with the intent to distribute it. 19
(3) Distribution of matter portraying a sexual performance by a minor is: 20
(a) a Class D felony for the first offense, and a Class C felony for each 21
subsequent offense, if the person knows that the minor portrayed is less than 22
eighteen (18) years old at the time of the sexual performance; and 23
(b) a Class C felony for the first offense, and a Class B felony for each 24
subsequent offense, if the person knows that the minor portrayed is less than 25
twelve (12) years old at the time of the sexual performance. 26