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AN ACT relating to sexual extortion. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 531 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) A person is guilty of sexual extortion when he or she communicates, through any 5
means, a threat to injure the property or reputation of another person, commit 6
violence against another person, or distribute any matter depicting another 7
person engaged in sexual conduct or in a state of nudity or seminudity: 8
(a) With the intent to coerce that person to: 9
1. Engage in sexual conduct; 10
2. Produce, provide, or distribute any matter depicting that person in a 11
state of nudity or seminudity or engaging in sexual conduct; 12
3. Provide the payment of money, property, services, or any other thing 13
of value to the perpetrator; or 14
4. Do any act or refrain from doing any act against his or her will; or 15
(b) That causes that person to: 16
1. Engage in sexual conduct; 17
2. Produce, provide, or distribute any matter depicting that person in a 18
state of nudity or seminudity or engaging in sexual conduct; 19
3. Provide the payment of money, property, services, or any other thing 20
of value to the perpetrator; or 21
4. Do any act or refrain from doing any act against his or her will. 22
(2) (a) A violation of subsection (1)(a) of this section is punishable as a Class D 23
felony. 24
(b) A violation of subsection (1)(b) of this section is punishable as a Class C 25
felony. 26
(3) Any person who is convicted of a violation of this section shall be penalized one 27 UNOFFICIAL COPY 25 RS BR 8
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(1) class more severely if: 1
(a) The person: 2
1. Was previously convicted of any offense under KRS Chapter 510 or a 3
sex crime as defined in Section 3 of this Act; 4
2. Occupied a position of special trust or a position of authority as those 5
terms are defined in KRS 532.045 in relation to the victim; or 6
3. Used or threatened the use of a deadly weapon or dangerous 7
instrument against the victim during the commission of the offense; 8
(b) The victim: 9
1. Is a minor; 10
2. Suffered physical injury during the commission of the offense; or 11
3. Attempted suicide resulting in serious physical injury or died by 12
suicide within ninety (90) days of the commission of the offense; or 13
(c) The offense was committed during the course of a kidnapping as described 14
in KRS 509.040. 15
(4) This section shall not apply to: 16
(a) Images involving voluntary nudity or sexual conduct in public, commercial 17
settings, or in a place where a person does not have a reasonable 18
expectation of privacy; 19
(b) Disclosures made in the public interest, including the reporting of unlawful 20
conduct, or lawful and common practices of law enforcement, criminal 21
reporting, corrections, legal proceedings, or medical treatment; 22
(c) Disclosures of materials that constitute a matter of public concern; 23
(d) When acting in its capacity as a provider of those services, a: 24
1. Broadband internet access service provider; 25
2. Telecommunications service provider, an interconnected VoIP service 26
provider, or a mobile service provider as defined in 47 U.S.C. sec. 153; 27 UNOFFICIAL COPY 25 RS BR 8
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3. Commercial mobile service provider as defined in 47 U.S.C. sec. 332; 1
or 2
4. Cable operator as defined in 47 U.S.C. sec. 522; or 3
(e) An interactive computer service, as defined in 47 U.S.C. sec. 230, related to 4
content provided by a user of the interactive computer service. 5
SECTION 2. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 6
READ AS FOLLOWS: 7
(1) Any person who violates Section 1 of this Act shall be personally liable for actual 8
and punitive damages, court costs, and reasonable attorney's fees in a civil cause 9
of action brought against an alleged perpetrator: 10
(a) By a victim or a victim's estate; or 11
(b) By a victim's parent or legal guardian on behalf of a victim who is a minor. 12
(2) The action may be filed in the Circuit Court of the county where the alleged 13
violation occurred or the county where the victim resides. 14
(3) An individual found liable under this section shall be jointly and severally liable 15
with each other person found liable under this section for the damages arising 16
from the same violation of this section. 17
(4) Nothing in this section shall be construed to impose liability on: 18
(a) When acting in its capacity as a provider of those services, a: 19
1. Broadband internet access service provider; 20
2. Telecommunications service provider, an interconnected VoIP service 21
provider, or a mobile service provider as defined in 47 U.S.C. sec. 153; 22
3. Commercial mobile service provider as defined in 47 U.S.C. sec. 332; 23
or 24
4. Cable operator as defined in 47 U.S.C. sec. 522; or 25
(b) An interactive computer service, as defined in 47 U.S.C. sec. 230, related to 26
content provided by a user of the interactive computer service. 27 UNOFFICIAL COPY 25 RS BR 8
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Section 3. KRS 17.500 is amended to read as follows: 1
As used in KRS 17.500 to 17.580: 2
(1) "Approved provider" means a mental health professional licensed or certified in 3
Kentucky whose scope of practice includes providing mental health treatment 4
services and who is approved by the Sex Offender Risk Assessment Advisory 5
Board, under administrative regulations promulgated by the board, to provide 6
comprehensive sex offender presentence evaluations or treatment to adults and 7
youthful offenders, as defined in KRS 600.020; 8
(2) "Cabinet" means the Justice and Public Safety Cabinet; 9
(3) (a) Except as provided in paragraph (b) of this subsection, "criminal offense 10
against a victim who is a minor" means any of the following offenses if the 11
victim is under the age of eighteen (18) at the time of the commission of the 12
offense: 13
1. Kidnapping, as set forth in KRS 509.040, except by a parent; 14
2. Unlawful imprisonment, as set forth in KRS 509.020, except by a 15
parent; 16
3. Sex crime; 17
4. Promoting a sexual performance of a minor, as set forth in KRS 18
531.320; 19
5. Human trafficking involving commercial sexual activity, as set forth in 20
KRS 529.100; 21
6. Promoting human trafficking involving commercial sexual activity, as 22
set forth in KRS 529.110; 23
7. Promoting prostitution, as set forth in KRS 529.040, when the defendant 24
advances or profits from the prostitution of a person under the age of 25
eighteen (18); 26
8. Use of a minor in a sexual performance, as set forth in KRS 531.310; 27 UNOFFICIAL COPY 25 RS BR 8
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9. Sexual abuse, as set forth in KRS 510.120 and 510.130; 1
10. Unlawful transaction with a minor in the first degree, as set forth in KRS 2
530.064(1)(a); 3
11. Any offense involving a minor or depictions of a minor, as set forth in 4
KRS Chapter 531; 5
12. Any attempt to commit any of the offenses described in subparagraphs 6
1. to 11. of this paragraph; 7
13. Solicitation to commit any of the offenses described in subparagraphs 1. 8
to 11. of this paragraph; or 9
14. Any offense from another state or territory, any federal offense, or any 10
offense subject to a court martial of the United States Armed Forces, 11
which is similar to any of the offenses described in subparagraphs 1. to 12
13. of this paragraph. 13
(b) Conduct which is criminal only because of the age of the victim shall not be 14
considered a criminal offense against a victim who is a minor if the 15
perpetrator was under the age of eighteen (18) at the time of the commission 16
of the offense; 17
(4) "Law enforcement agency" means any lawfully organized investigative agency, 18
sheriff's office, police unit, or police force of federal, state, county, urban-county 19
government, charter county, city, consolidated local government, or a combination 20
of these, responsible for the detection of crime and the enforcement of the general 21
criminal federal or state laws; 22
(5) "Registrant" means: 23
(a) Any person eighteen (18) years of age or older at the time of the offense or 24
any youthful offender, as defined in KRS 600.020, who has committed: 25
1. A sex crime; or 26
2. A criminal offense against a victim who is a minor; or 27 UNOFFICIAL COPY 25 RS BR 8
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(b) Any person required to register under KRS 17.510; or 1
(c) Any sexually violent predator; or 2
(d) Any person whose sexual offense has been diverted pursuant to KRS 533.250, 3
until the diversionary period is successfully completed; 4
(6) "Registrant information" means the name, including any lawful name change 5
together with the previous name, Social Security number, age, race, sex, date of 6
birth, height, weight, hair and eye color, fingerprints, palm prints, DNA sample, a 7
photograph, aliases used, residence, motor vehicle operator's license number as well 8
as any other government-issued identification card numbers, if any, a brief 9
description of the crime or crimes committed, and other information the cabinet 10
determines, by administrative regulation, may be useful in the identification of 11
registrants; 12
(7) "Residence" means any place where a person sleeps. For the purposes of this 13
statute, a registrant may have more than one (1) residence. A registrant is required 14
to register each residence address; 15
(8) "Sex crime" means: 16
(a) A felony offense defined in KRS Chapter 510, KRS 529.100 or 529.110 17
involving commercial sexual activity, 530.020, 530.064(1)(a), 531.310, 18
531.320, 531.335, 531.340, 531.365, 531.366, 531.367, [or ]531.368, or 19
Section 1 of this Act; 20
(b) A felony attempt to commit a felony offense specified in paragraph (a) of this 21
subsection; or 22
(c) A federal felony offense, a felony offense subject to a court-martial of the 23
United States Armed Forces, or a felony offense from another state or a 24
territory where the felony offense is similar to a felony offense specified in 25
paragraph (a) of this subsection; 26
(9) "Sexual offender" means any person convicted of, pleading guilty to, or entering an 27 UNOFFICIAL COPY 25 RS BR 8
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Alford plea to a sex crime as defined in this section, as of the date the verdict is 1
entered by the court; 2
(10) "Sexually violent predator" means any person who has been subjected to 3
involuntary civil commitment as a sexually violent predator, or a similar 4
designation, under a state, territory, or federal statutory scheme; 5
(11) "The board" means the Sex Offender Risk Assessment Advisory Board created 6
under KRS 17.554; 7
(12) "Victim" has the same meaning as in KRS 421.500; 8
(13) "DNA sample" or "deoxyribonucleic acid sample" means a blood or swab specimen 9
from a person, as prescribed by administrative regulation, that is required to provide 10
a DNA sample pursuant to KRS 17.170 or 17.510, that shall be submitted to the 11
Department of Kentucky State Police forensic laboratory for law enforcement 12
identification purposes and inclusion in law enforcement identification databases; 13
and 14
(14) "Authorized personnel" means an agent of state government who is properly trained 15
in DNA sample collection pursuant to administrative regulation. 16
SECTION 4. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) The superintendent of each local school district shall require the principal of 19
each school within the district to provide written notice of the provisions of 20
Section 1 of this Act to students in grades six (6) and above and parents or 21
guardians of all students within ten (10) days of the first instructional day of each 22
school year. 23
(2) The requirements of subsection (1) of this section shall apply to public charter 24
schools as a health and safety requirement under KRS 160.1592(1). 25
SECTION 5. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 26
READ AS FOLLOWS: 27 UNOFFICIAL COPY 25 RS BR 8
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(1) By August 1, 2025, local boards shall require each public secondary school to 1
display, in a prominent location in each school building, a legible printed sign in 2
English and Spanish at least eight and one-half (8.5) inches by eleven (11) inches 3
in size that shall contain: 4
(a) A description of sexual extortion consistent with the definition in Section 1 5
of this Act; 6
(b) Contact information for state or local law enforcement for reporting or 7
seeking assistance relating to sexual extortion; 8
(c) Contact information for federal law enforcement for reporting or seeking 9
assistance relating to sexual extortion; 10
(d) Contact information for a national suicide prevention hotline; and 11
(e) The Uniform Resource Locator (URL), a Quick Response (QR) code, or 12
similar resource to identify the website address for informational and 13
support resources regarding sexual extortion provided by the National 14
Center for Missing and Exploited Children or any federally funded 15
successor entity. 16
(2) The requirements of subsection (1) of this section shall apply to public charter 17
schools as a health and safety requirement under KRS 160.1592(1). 18
(3) By July 15, 2025, the department shall publish recommendations for information 19
to be included consistent with subsection (1) of this section. 20
Section 6. KRS 164.2815 is amended to read as follows: 21
(1) [Beginning August 1, 2020, ]Any student identification badge issued by a public or 22
private postsecondary education institution, vocational school, or any other 23
institution that offers a postsecondary degree, certificate, or licensure shall contain 24
the contact information for: 25
(a)[(1)] A national domestic violence hotline; 26
(b)[(2)] A national sexual assault hotline; and 27 UNOFFICIAL COPY 25 RS BR 8
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(c)[(3)] A national suicide prevention hotline. 1
(2) Beginning August 1, 2025, a public or private postsecondary education 2
institution, vocational school, or any other institution that offers a postsecondary 3
degree, certificate, or licensure shall post in a prominent location in every 4
residential facility and buildings containing instructional spaces, student services, 5
and academic support services, a legible printed sign in English and Spanish at 6
least eight and one-half (8.5) inches by eleven (11) inches in size that shall 7
contain: 8
(a) A description of sexual extortion consistent with the definition in Section 1 9
of this Act; 10
(b) Contact information for state or local law enforcement for reporting or 11
seeking assistance relating to sexual extortion; 12
(c) Contact information for federal law enforcement for reporting or seeking 13
assistance relating to sexual extortion; 14
(d) Contact information for a national suicide prevention hotline; and 15
(e) The Uniform Resource Locator (URL), a Quick Response (QR) code, or 16
similar resource to identify the website address for informational and 17
support resources regarding sexual extortion provided by the National 18
Center for Missing and Exploited Children or any federally funded 19
successor entity. 20