UNOFFICIAL COPY 24 RS BR 1390
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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["Distribute" means to transfer possession of, whether 7
with or without consideration; 8
(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
(2)[(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
(3) "Performance" means any play, motion picture, photograph, dance. or any other 16
visual representation exhibited before an audience; 17
(4) "Promote" means to prepare, publish, print, procure or manufacture, or to offer 18
or agree to do the same; 19
(5)[(4)] "Sexual conduct by a minor" means: 20
(a) Acts of masturbation, homosexuality, lesbianism, bestiality[beastiality], 21
sexual intercourse, or deviate[deviant] sexual intercourse, actual or simulated; 22
(b) Physical contact with, or willful or intentional exhibition of the genitals; 23
(c) Flagellation or excretion for the purpose of sexual stimulation or gratification; 24
or 25
(d) The exposure, in an obscene manner, of the unclothed or apparently unclothed 26
human male or female genitals, pubic area or buttocks, or the female breast, 27 UNOFFICIAL COPY 24 RS BR 1390
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whether or not subsequently obscured by a mark placed thereon, or otherwise 1
altered, in any resulting motion picture, photograph, or other visual 2
representation, exclusive of exposure portrayed in matter of a private, family 3
nature not intended for distribution outside the family;[ 4
(5) "Performance" means any play, motion picture, photograph or dance. Performance 5
also means any other visual representation exhibited before an audience;] 6
(6) "Sexual performance" means any performance or part thereof which includes sexual 7
conduct by a minor; and 8
(7) "Traffic" means to manufacture, distribute, sell, transfer, or possess with intent 9
to manufacture, distribute, sell, or transfer["Promote" means to prepare, publish, 10
print, procure or manufacture, or to offer or agree to do the same]. 11
SECTION 2. A NEW SECTION OF KRS 531.310 TO 531.370 IS CREATED 12
TO READ AS FOLLOWS: 13
(1) A person is guilty of possession of a child sex doll when he or she knowingly 14
possesses a child sex doll. 15
(2) Possession of a child sex doll is a Class D felony. 16
SECTION 3. A NEW SECTION OF KRS 531.310 TO 531.370 IS CREATED 17
TO READ AS FOLLOWS: 18
(1) A person is guilty of trafficking a child sex doll when he or she knowingly traffics 19
a child sex doll. 20
(2) Trafficking a child sex doll is a Class C felony. 21
SECTION 4. A NEW SECTION OF KRS 531.310 TO 531.370 IS CREATED 22
TO READ AS FOLLOWS: 23
(1) A person is guilty of importing a child sex doll when he or she knowingly 24
transports a child sex doll into the Commonwealth by any means with the intent 25
to distribute, sell, or transfer the child sex doll. 26
(2) Importing a child sex doll is a Class C felony. 27 UNOFFICIAL COPY 24 RS BR 1390
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SECTION 5. A NEW SECTION OF KRS 531.310 TO 531.370 IS CREATED 1
TO READ AS FOLLOWS: 2
(1) A person is guilty of advancing a child sex doll when he or she knowingly 3
procures or solicits patrons for a child sex doll or provides premises for the use of 4
a child sex doll. 5
(2) Advancing a child sex doll is a Class C felony. 6
Section 6. KRS 531.010 is amended to read as follows: 7
As used in this chapter: 8
(1) "Distribute" means to transfer possession of, whether with or without 9
consideration;[.] 10
(2) "Matter" means any: 11
(a) Book, magazine, newspaper, or other printed or written material;[ or any] 12
(b) Picture, drawing, photograph, motion picture, live image transmitted over the 13
internet[Internet] or other electronic network, or other pictorial representation 14
or any statue or other figure; or[, or any] 15
(c) Recording; transcription; or mechanical, chemical, or electrical reproduction; 16
or any other articles, equipment, machines, or materials;[.] 17
(3) "Obscene" means: 18
(a) To the average person, applying contemporary community standards, the 19
predominant appeal of the matter, taken as a whole, is to prurient interest in 20
sexual conduct;[ and] 21
(b) The matter depicts or describes the sexual conduct in a patently offensive 22
way; and 23
(c) The matter, taken as a whole, lacks serious literary, artistic, political, or 24
scientific value;[.] 25
(4) "Private erotic matter" means an obscene visual image, including a photograph, 26
film, video recording, or digital reproduction, of an identifiable person, depicting 27 UNOFFICIAL COPY 24 RS BR 1390
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sexual conduct or the exposure of uncovered human genitals, buttocks, or nipple of 1
the female breast. A person may be identifiable from the image itself or from 2
information distributed in connection with the visual image; and[.] 3
(5) "Sexual conduct" means acts of masturbation, homosexuality, lesbianism, bestiality, 4
sexual intercourse, or deviate[deviant] sexual intercourse; or physical contact with 5
the genitals, flagellation, or excretion for the purpose of sexual stimulation or 6
gratification. 7
Section 7. KRS 531.340 is amended to read as follows: 8
(1) A person is guilty of distribution of matter portraying a sexual performance by a 9
minor when, having knowledge of its content and character, he or she: 10
(a) Sends or causes to be sent into this state for sale or distribution;[ or] 11
(b) Brings or causes to be brought into this state for sale or distribution; or 12
(c) In this state, he or she: 13
1. Exhibits for profit or gain;[ or] 14
2. Distributes;[ or] 15
3. Offers to distribute; or 16
4. Has in his or her possession with intent to distribute, exhibit for profit or 17
gain or offer to distribute, any matter portraying a sexual performance 18
by a minor. 19
(2) Any person who has in his or her possession more than one (1) unit of matter, as 20
defined by subsection (2) of Section 6 of this Act,[material coming within the 21
provision of KRS 531.300(2)] shall be rebuttably presumed to have that 22
matter[such material] in his or her possession with the intent to distribute it. 23
(3) Distribution of matter portraying a sexual performance by a minor is: 24
(a) A Class D felony for the first offense, and a Class C felony for each 25
subsequent offense, if the person knows that the minor portrayed is less than 26
eighteen (18) years old at the time of the sexual performance; and 27 UNOFFICIAL COPY 24 RS BR 1390
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(b) A Class C felony for the first offense, and a Class B felony for each 1
subsequent offense, if the person knows that the minor portrayed is less than 2
twelve (12) years old at the time of the sexual performance. 3