UNOFFICIAL COPY 25 RS BR 496
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AN ACT relating to possession or viewing of matter portraying a sexual 1
performance by a minor. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
ď˘Section 1. KRS 531.335 is amended to read as follows: 4
(1) A person is guilty of possession or viewing of matter portraying a sexual 5
performance by a minor when, having knowledge of its content, character, and that 6
the sexual performance is by a minor or computer-generated image of a minor, he 7
or she: 8
(a) Knowingly has in his or her possession or control any matter which visually 9
depicts a[an actual] sexual performance by a minor person or computer-10
generated image of a minor person; or 11
(b) Intentionally views any matter which visually depicts a[an actual] sexual 12
performance by a minor person or computer-generated image of a minor 13
person. 14
(2) The provisions of subsection (1)(b) of this section: 15
(a) Shall only apply to the deliberate, purposeful, and voluntary viewing of matter 16
depicting sexual conduct by a minor person or computer-generated image of a 17
minor person and not to the accidental or inadvertent viewing of such matter; 18
(b) Shall not apply to persons viewing the matter in the course of a law 19
enforcement investigation or criminal or civil litigation involving the matter; 20
and 21
(c) Shall not apply to viewing the matter by a minor or the minor's parents or 22
guardians, or to school administrators investigating violations of subsection 23
(1)(b) of this section. 24
(3) Possession or viewing of matter portraying a sexual performance by a minor is: 25
(a) A Class D felony if the person knows that the minor or computer-generated 26
image of a minor portrayed is less than eighteen (18) years old at the time of 27 UNOFFICIAL COPY 25 RS BR 496
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the sexual performance; and 1
(b) A Class C felony if the person knows that the minor or computer-generated 2
image of a minor person portrayed is less than twelve (12) years old at the 3
time of the sexual performance. 4
(4) Any person convicted under this section shall not be released on probation or 5
parole until he or she has served at least eighty-five percent (85%) of the sentence 6
imposed. 7