CHAPTER 15
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CHAPTER 15
( HB 207 )
AN ACT relating to crimes and punishments.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 17.500 is amended to read as follows:
As used in KRS 17.500 to 17.580:
(1) "Approved provider" means a mental health professional licensed or certified in Kentucky whose scope of
practice includes providing mental health treatment services and who is approved by the Sex Offender Risk
Assessment Advisory Board, under administrative regulations promulgated by the board, to provide
comprehensive sex offender presentence evaluations or treatment to adults and youthful offenders, as defined
in KRS 600.020;
(2) "Cabinet" means the Justice and Public Safety Cabinet;
(3) (a) Except as provided in paragraph (b) of this subsection, "criminal offense against a victim who is a
minor" means any of the following offenses if the victim is under the age of eighteen (18) at the time of
the commission of the offense:
1. Kidnapping, as set forth in KRS 509.040, except by a parent;
2. Unlawful imprisonment, as set forth in KRS 509.020, except by a parent;
3. Sex crime;
4. Promoting a sexual performance of a minor, as set forth in KRS 531.320;
5. Human trafficking involving commercial sexual activity, as set forth in KRS 529.100;
6. Promoting human trafficking involving commercial sexual activity, as set forth in KRS 529.110;
7. Promoting prostitution, as set forth in KRS 529.040, when the defendant advances or profits
from the prostitution of a person under the age of eighteen (18);
8. Use of a minor in a sexual performance, as set forth in KRS 531.310;
9. Sexual abuse, as set forth in KRS 510.120 and 510.130;
10. Unlawful transaction with a minor in the first degree, as set forth in KRS 530.064(1)(a);
11. Any offense involving a minor or depictions of a minor, as set forth in KRS Chapter 531;
12. Any attempt to commit any of the offenses described in subparagraphs 1. to 11. of this
paragraph;
13. Solicitation to commit any of the offenses described in subparagraphs 1. to 11. of this paragraph;
or
14. Any offense from another state or territory, any federal offense, or any offense subject to a court
martial of the United States Armed Forces, which is similar to any of the offenses described in
subparagraphs 1. to 13. of this paragraph.
(b) Conduct which is criminal only because of the age of the victim shall not be considered a criminal
offense against a victim who is a minor if the perpetrator was under the age of eighteen (18) at the time
of the commission of the offense;
(4) "Law enforcement agency" means any lawfully organized investigative agency, sheriff's office, police unit, or
police force of federal, state, county, urban-county government, charter county, city, consolidated local
government, or a combination of these, responsible for the detection of crime and the enforcement of the
general criminal federal or state laws;
(5) "Registrant" means: ACTS OF THE GENERAL ASSEMBLY 2
(a) Any person eighteen (18) years of age or older at the time of the offense or any youthful offender, as
defined in KRS 600.020, who has committed:
1. A sex crime; or
2. A criminal offense against a victim who is a minor; or
(b) Any person required to register under KRS 17.510; or
(c) Any sexually violent predator; or
(d) Any person whose sexual offense has been diverted pursuant to KRS 533.250, until the diversionary
period is successfully completed;
(6) "Registrant information" means the name, including any lawful name change together with the previous name,
Social Security number, age, race, sex, date of birth, height, weight, hair and eye color, fingerprints, palm
prints, DNA sample, a photograph, aliases used, residence, motor vehicle operator's license number as well as
any other government-issued identification card numbers, if any, a brief description of the crime or crimes
committed, and other information the cabinet determines, by administrative regulation, may be useful in the
identification of registrants;
(7) "Residence" means any place where a person sleeps. For the purposes of this statute, a registrant may have
more than one (1) residence. A registrant is required to register each residence address;
(8) "Sex crime" means:
(a) A felony offense defined in KRS Chapter 510, KRS 529.100 or 529.110 involving commercial sexual
activity, 530.020, 530.064(1)(a), 531.310, 531.320, [or ]531.335, or Section 4, 5, 6, 7, or 11 of this Act;
(b) A felony attempt to commit a felony offense specified in paragraph (a) of this subsection; or
(c) A federal felony offense, a felony offense subject to a court-martial of the United States Armed Forces,
or a felony offense from another state or a territory where the felony offense is similar to a felony
offense specified in paragraph (a) of this subsection;
(9) "Sexual offender" means any person convicted of, pleading guilty to, or entering an Alford plea to a sex crime
as defined in this section, as of the date the verdict is entered by the court;
(10) "Sexually violent predator" means any person who has been subjected to involuntary civil commitment as a
sexually violent predator, or a similar designation, under a state, territory, or federal statutory scheme;
(11) "The board" means the Sex Offender Risk Assessment Advisory Board created under KRS 17.554;
(12) "Victim" has the same meaning as in KRS 421.500;
(13) "DNA sample" or "deoxyribonucleic acid sample" means a blood or swab specimen from a person, as
prescribed by administrative regulation, that is required to provide a DNA sample pursuant to KRS 17.170 or
17.510, that shall be submitted to the Department of Kentucky State Police forensic laboratory for law
enforcement identification purposes and inclusion in law enforcement identification databases; and
(14) "Authorized personnel" means an agent of state government who is properly trained in DNA sample collection
pursuant to administrative regulation.
Section 2. KRS 531.010 is amended to read as follows:
As used in this chapter:
(1) "Child sex doll" means an anatomically correct or anatomically precise doll, mannequin, or robot that may
consist of an entire body, pelvis, or any other body part, with features of, or with features that resemble,
those of a minor and intended for use in sexual acts;
(2) "Computer" means electronic, magnetic, optical, electrochemical, or other high-speed data processing
device performing logical, arithmetic, or storage functions, including but not limited to personal computers,
laptops, computer software, computer servers, processors, coprocessors, memory devices, storage devices,
and input and output devices;
(3) "Computer-generated image" means any visual depiction, including any photograph, film, video, or
picture, where the depiction has been created, adapted, or modified by a computer to appear to be an
identifiable person; CHAPTER 15
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(4) "Distribute" means to transfer possession of, whether with or without consideration;[.]
(5) "Identifiable person" means a person who is recognizable by the person's face, likeness, or other
distinguishing characteristic;
(6)[(2)] "Matter" means any:
(a) Book, magazine, newspaper, or other printed or written material;[ or any]
(b) Picture, drawing, photograph, motion picture, live image transmitted over the internet or other
electronic network,[ or] other pictorial representation, or computer-generated image;[ or]
(c) [any ]Statue, child sex doll, or other figure; or[, or any]
(d) Recording, transcription, or mechanical, chemical, or electrical reproduction, or any other articles,
equipment, machines, or materials;[.]
(7)[(3)] "Obscene" means:
(a) To the average person, applying contemporary community standards, the predominant appeal of the
matter, taken as a whole, is to prurient interest in sexual conduct;[ and]
(b) The matter depicts or describes the sexual conduct in a patently offensive way; and
(c) The matter, taken as a whole, lacks serious literary, artistic, political, or scientific value;[.]
(8)[(4)] "Private erotic matter" means an obscene visual image, including a photograph, film, video recording,
computer-generated image, or digital reproduction, of an identifiable person, depicting sexual conduct or the
exposure of uncovered human genitals, buttocks, or nipple of the female breast. A person may be identifiable
from the image itself or from information distributed in connection with the visual image; and[.]
(9)[(5)] "Sexual conduct" means acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse,
or deviate[deviant] sexual intercourse; or physical contact with the genitals, flagellation, or excretion for the
purpose of sexual stimulation or gratification.
Section 3. KRS 531.300 is amended to read as follows:
As used in KRS 531.080 and 531.300[531.310] to 531.370:
(1) ["Distribute" means to transfer possession of, whether with or without consideration;
(2) "Matter" means any book, magazine, newspaper, or other printed or written material or any picture, drawing,
photograph, motion picture, live image transmitted over the Internet or other electronic network, or other
pictorial representation or any statue or other figure, or any recording transcription or mechanical, chemical or
electrical reproduction or any other articles, equipment, machines, or materials;
(3) ]"Obscene" means the predominate appeal of the matter taken as a whole is to a prurient interest in sexual
conduct involving minors;
(2) "Performance" means any play, motion picture, photograph, dance, or any other visual representation or
computer-generated image exhibited before an audience;
(3) "Promote" means to prepare, publish, print, procure, or manufacture, or to offer or agree to do the same;
(4)[(4)] "Sexual conduct by a minor" means:
(a) Acts of masturbation, homosexuality, lesbianism, bestiality[beastiality], sexual intercourse, or
deviate[deviant] sexual intercourse, actual or simulated;
(b) Physical contact with, or willful or intentional exhibition of the genitals;
(c) Flagellation or excretion for the purpose of sexual stimulation or gratification; or
(d) The exposure, in an obscene manner, of the unclothed or apparently unclothed human male or female
genitals, pubic area or buttocks, or the female breast, whether or not subsequently obscured by a mark
placed thereon, or otherwise altered, in any resulting motion picture, photograph, computer-generated
image, or other visual representation, exclusive of exposure portrayed in matter of a private, family
nature not intended for distribution outside the family;[ ACTS OF THE GENERAL ASSEMBLY 4
(5) "Performance" means any play, motion picture, photograph or dance. Performance also means any other visual
representation exhibited before an audience;]
(5)[(6)] "Sexual performance" means any performance or part thereof which includes sexual conduct by a
minor; and
(6)[(7)] "Traffic" means to manufacture, distribute, sell, transfer, or possess with intent to manufacture,
distribute, sell, or transfer["Promote" means to prepare, publish, print, procure or manufacture, or to offer or
agree to do the same].
SECTION 4. A NEW SECTION OF KRS 531.300 TO 531.370 IS CREATED TO READ AS FOLLOWS:
(1) A person is guilty of possession of a child sex doll when he or she knowingly possesses a child sex doll.
(2) Possession of a child sex doll is a Class D felony.
SECTION 5. A NEW SECTION OF KRS 531.300 TO 531.370 IS CREATED TO READ AS FOLLOWS:
(1) A person is guilty of trafficking a child sex doll when he or she knowingly traffics a child sex doll.
(2) Any person who has in his or her possession more than one (1) child sex doll shall be rebuttably presumed
to have that child sex doll in his or her possession with the intent to traffic it.
(3) Trafficking a child sex doll is a Class C felony.
SECTION 6. A NEW SECTION OF KRS 531.300 TO 531.370 IS CREATED TO READ AS FOLLOWS:
(1) A person is guilty of importing a child sex doll when he or she knowingly transports a child sex doll into the
Commonwealth by any means with the intent to distribute, sell, or transfer the child sex doll.
(2) Any person who has in his or her possession more than one (1) child sex doll shall be rebuttably presumed
to have that child sex doll in his or her possession with the intent to distribute, sell, or transfer it.
(3) Importing a child sex doll is a Class C felony.
SECTION 7. A NEW SECTION OF KRS 531.300 TO 531.370 IS CREATED TO READ AS FOLLOWS:
(1) A person is guilty of permitting or promoting the use of a child sex doll when, he or she having possession
or control of a child sex doll or having possession or control of a premises which he or she knows or has
reasonable cause to know is being used for the purposes of utilizing a child sex doll, fails to make
reasonable and timely effort to halt or abate such use.
(2) Permitting or promoting the use of a child sex doll is a Class C felony.
Section 8. KRS 531.320 is amended to read as follows:
(1) A person is guilty of promoting a sexual performance by a minor when, knowing the character and content
thereof, he or she produces, directs, or promotes any performance which includes sexual conduct by a minor
or computer-generated image of a minor.
(2) Promoting a sexual performance by a minor is:
(a) A Class C felony if the minor or computer-generated image of a minor involved in the sexual
performance is less than eighteen (18) years old at the time the minor or computer-generated image of
a minor engages in the prohibited activity;
(b) A Class B felony if the minor or computer-generated image of a minor involved in the sexual
performance is less than sixteen (16) years old at the time the minor or computer-generated image of a
minor engages in the prohibited activity; and
(c) A Class A felony if the minor involved in the sexual performance incurs physical injury thereby.
Section 9. KRS 531.330 is amended to read as follows:
(1) For purposes of KRS 529.040 where the offense involves commercial sexual activity and for the purposes of
KRS 530.070, 531.080, and 531.300 to 531.370, any person who appears to be under the age of eighteen (18),
or under the age of sixteen (16), shall be presumed to be under the age of eighteen (18), or under the age of
sixteen (16), as the case may be.
(2) In any prosecution under KRS 529.040 where the offense involves commercial sexual activity by a minor and
in any prosecution under KRS 530.070, 531.080, and 531.300 to 531.370, the defendant may prove in CHAPTER 15
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exculpation that he or she in good faith reasonably believed that the person involved in the performance was
not a minor.
(3) In any prosecution under KRS 531.300 to 531.370 where the offense involves a computer-generated image
that used an actual minor or minors as the source, the presumption of minority shall be the age of the
actual minor or minors.
(4) The presumption raised in subsection (1) or (3) of this section may be rebutted by any competent evidence.
Section 10. KRS 531.335 is amended to read as follows:
(1) A person is guilty of possession or viewing of matter portraying a sexual performance by a minor when,
having knowledge of its content, character, and that the sexual performance is by a minor, he or she:
(a) Knowingly has in his or her possession or control any matter which visually depicts an actual sexual
performance by a minor person or computer-generated image of a minor person; or
(b) Intentionally views any matter which visually depicts an actual sexual performance by a minor person
or computer-generated image of a minor person.
(2) The provisions of subsection (1)(b) of this section:
(a) Shall only apply to the deliberate, purposeful, and voluntary viewing of matter depicting sexual conduct
by a minor person or computer-generated image of a minor person and not to the accidental or
inadvertent viewing of such matter;
(b) Shall not apply to persons viewing the matter in the course of a law enforcement investigation or
criminal or civil litigation involving the matter; and
(c) Shall not apply to viewing the matter by a minor or the minor's parents or guardians, or to school
administrators investigating violations of subsection (1)(b) of this section.
(3) Possession or viewing of matter portraying a sexual performance by a minor is:
(a) A Class D felony if the person knows that the minor or computer-generated image of a minor
portrayed is less than eighteen (18) years old at the time of the sexual performance; and
(b) A Class C felony if the person knows that the minor or computer-generated image of a minor person
portrayed is less than twelve (12) years old at the time of the sexual performance.
Section 11. KRS 531.340 is amended to read as follows:
(1) A person is guilty of distribution of matter portraying a sexual performance by a minor when, having
knowledge of its content and character, he or she:
(a) Sends or causes to be sent into this state for sale or distribution;[ or]
(b) Brings or causes to be brought into this state for sale or distribution; or
(c) In this state[, he or she]:
1. Exhibits for profit or gain;[ or]
2. Distributes;[ or]
3. Offers to distribute; or
4. Has in his or her possession with intent to distribute, exhibit for profit or gain or offer to
distribute;[,]
any matter portraying a sexual performance by a minor or computer-generated image of a minor.
(2) Any person who has in his or her possession more than one (1) unit of matter, as defined in Section 2 of this
Act,[material coming within the provision of KRS 531.300(2)] shall be rebuttably presumed to have that
matter[such material] in his or her possession with the intent to distribute it.
(3) Distribution of matter portraying a sexual performance by a minor is: ACTS OF THE GENERAL ASSEMBLY 6
(a) A Class D felony for the first offense, and a Class C felony for each subsequent offense, if the person
knows that the minor or computer-generated image of a minor portrayed is less than eighteen (18)
years old at the time of the sexual performance; and
(b) A Class C felony for the first offense, and a Class B felony for each subsequent offense, if the person
knows that the minor or computer-generated image of a minor portrayed is less than twelve (12) years
old at the time of the sexual performance.
Section 12. KRS 531.350 is amended to read as follows:
(1) A person is guilty of promoting sale of material portraying a sexual performance by a minor when he or she
knowingly, as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine,
book, periodical, publication or other merchandise, requires that the purchaser or consignee receive any matter
portraying a sexual performance by a minor or computer-generated image of a minor, or he or she denies or
threatens to deny a franchise, revokes or threatens to revoke, or imposes any penalty, financial or otherwise, by
reason of the failure of any person to accept such matter, or by reason of the return of such matter.
(2) Promoting sale of matter portraying a sexual performance by a minor is a:
(a) Class A misdemeanor for the first offense;[,]
(b) [a ]Class D felony for the second offense;[,] and
(c) [a ]Class C felony for the third or[each] subsequent offense.
Section 13. KRS 531.360 is amended to read as follows:
(1) A person is guilty of advertising material portraying a sexual performance by a minor when, having
knowledge of its content and character thereof, he or she writes or creates advertising or solicits anyone to
publish such advertising or otherwise promotes the sale or distribution of matter portraying a sexual
performance by a minor or a computer-generated image of a minor.
(2) Advertising material portraying a sexual performance by a minor is a
(a) Class D felony for the first offense; and
(b) [a ]Class C felony for the second or[each] subsequent offense.
SECTION 14. A NEW SECTION OF KRS 531.300 TO 531.370 IS CREATED TO READ AS
FOLLOWS:
In any prosecution under KRS 531.300 to 531.370 where the offense involves matter or material portraying a
computer-generated image of a minor, the Commonwealth shall not be required to prove the actual identity or age
of the minor, or that the minor actually exists.
Signed by Governor March 28, 2024.