Title L, Kentucky Penal Code

(1) A person is guilty of promoting sale of obscenity when he 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 matt…

The prohibitions and penalties imposed in this chapter shall not extend to persons having a bona fide scientific, educational, governmental, or other similar justification for conduct which would, except for such justification, be criminal under this chapter.

(1) The jury, or the court, if a jury trial is waived, shall render a general verdict, and shall also render a special verdict as to whether the matter named in the charge is obscene. The special verdict or findings on the issue of obscenity may be: "We find the .... (title or de…

(1) A person is guilty of voyeurism when: (a) He or she intentionally: 1. Uses or causes the use of any camera, videotape, photooptical, photoelectric, or other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping the sexual conduct…

(1) A person is guilty of video voyeurism when he or she intentionally: (a) Uses or causes the use of any camera, videotape, photooptical, photoelectric, or other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping the sexual condu…

The provisions of KRS 531.100 shall not apply to the transference of prohibited images by a telephone company, a cable television company or any of its affiliates, an Internet provider, or a commercial on-line service provider, or to the carrying, broadcasting, or performing of r…

Unless objected to by the victim or victims of the video voyeurism, the court, on its own motion, or on motion of the attorney for the Commonwealth shall: (1) Order all photographs, film, videotapes, or other images that are introduced into evidence or are in the possession of la…

(1) A person is guilty of distribution of sexually explicit images without consent when: (a) He or she intentionally distributes to any third party private erotic matter without the written consent of the person depicted, and does so with the intent to profit, or to harm, harass,…

(1) A person is guilty of sexual extortion when he or she communicates, through any means, a threat to: (a) Injure the property or reputation of another person or commit violence against another person with the intent to coerce that person to: 1. Engage in sexual conduct; or 2. P…

As used in KRS 531.080 and 531.300 to 531.370: (1) "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 represen…

portraying child pornography or a sexual performance by a minor. (1) In a criminal or civil proceeding, any property or material that portrays child pornography or a sexual performance by a minor as defined in this chapter shall remain secured or locked in the care, custody, and …

prosecution involving computer-generated image. 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 …

(1) A person is guilty of the use of a minor in a sexual performance if he employs, consents to, authorizes or induces a minor to engage in a sexual performance. (2) Use of a minor in a sexual performance is: (a) A Class C felony if the minor so used is less than eighteen (18) ye…

(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 pe…

(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…

minor -- Applicability. (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 or computer-generated image of a minor, he or she: (a) Know…

(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; (b) Brings or causes to be brought into this state …

(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…

(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 distribu…

(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.

(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 i…

(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) chil…

(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 uti…

minor. (1) A person is guilty of using minors to distribute material portraying a sexual performance by a minor when knowing a person to be a minor, or having possession of such facts that he should reasonably know such person is a minor, and knowing of the content and character …

Penal Code. KRS Chapters 532, 533 and 534 apply to all classes of crimes committed outside the provisions of the Penal Code.

It is the sentencing policy of the Commonwealth of Kentucky that: (1) The primary objective of sentencing shall be to maintain public safety and hold offenders accountable while reducing recidivism and criminal behavior and improving outcomes for those offenders who are sentenced…

Felonies are classified, for the purpose of sentencing, into five categories: (1) Capital offenses; (2) Class A felonies; (3) Class B felonies; (4) Class C felonies; and (5) Class D felonies.

(1) Any offense defined outside this code for which a law outside this code provides a sentence to a term of imprisonment in the state for: (a) At least one (1) but not more than five (5) years shall be deemed a Class D felony; (b) At least five (5) but not more than ten (10) yea…

mitigating circumstances -- Instructions to jury. (1) (a) Upon conviction of a defendant in cases where the death penalty may be imposed, a hearing shall be conducted. In such hearing, the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishm…

(1) As used in this section, "violent felony" means a felony that would classify a person as a violent offender under KRS 439.3401. (2) Notwithstanding any other provision of this chapter, a person convicted of a violent felony who has previously been convicted of two (2) separat…

(1) When a person is convicted of a capital offense, he shall have his punishment fixed at death, or at a term of imprisonment for life without benefit of probation or parole, or at a term of imprisonment for life without benefit of probation or parole until he has served a minim…

(1) A person may be found by the sentencing judge to have committed an offense specified below as a result of a hate crime if the person intentionally because of race, color, religion, sexual orientation, or national origin of another individual or group of individuals or because…

(1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty for any offense under this …

When a judge orders restitution, the judge shall: (1) Order the restitution to be paid to a specific person or organization through the circuit clerk, who shall disburse the moneys as ordered by the court; (2) Be responsible for overseeing the collection of restitution; (3) Set t…

in stolen identities. (1) A person found guilty of violating any provisions of KRS 434.872, 434.874, 514.160, or 514.170 shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of the violation. Financial los…

driving under the influence or murder of a first responder -- Amount -- Clerk as trustee -- Incarcerated defendant -- Payments to continue until arrearage is paid -- Effect of civil action. (1) As used in this section: (a) "Disabled": 1. Means a legal disability as is measured by…

When a person is convicted of an offense, other than a capital offense or having been designated a violent offender as defined in KRS 439.3401, the court, where authorized by KRS Chapter 533 and where not prohibited by other provisions of applicable law, may sentence such person …

(1) In addition to the penalties authorized by law, any person convicted of, pleading guilty to, or entering an Alford plea to a felony offense under KRS Chapter 510, 529.100 involving commercial sexual activity, 530.020, 530.064(1)(a), 531.310, or 531.320 shall be subject to a p…

Procedure when probation or postincarceration supervision not prohibited. (1) As used in this section: (a) "Position of authority" means but is not limited to the position occupied by a biological parent, adoptive parent, stepparent, foster parent, relative, household member, adu…

Notwithstanding any other provision of this chapter or KRS 439.3401, a person shall not be eligible for probation, parole, conditional discharge, conditional release, or any other form of release prior to the completion of his or her sentence if, in the commission of the offense,…

- Exception. Probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who has been designated as a violent offender as defined in KRS 439.3401, unless such probation is granted in accordance with KRS 439.3401.

(1) No court shall impose sentence for conviction of a felony, other than a capital offense, without first ordering a presentence investigation after conviction and giving due consideration to a written report of the investigation. The presentence investigation report shall not b…

(1) In all felony cases, the jury in its initial verdict will make a determination of not guilty, guilty, guilty but mentally ill, or not guilty by virtue of insanity, and no more. (2) Upon return of a verdict of guilty or guilty but mentally ill against a defendant, the court sh…

(1) A sentence of imprisonment for a felony shall be an indeterminate sentence, the maximum of which shall be fixed within the limits provided by subsection (2) of this section, and subject to modification by the trial judge pursuant to KRS 532.070. (2) Unless otherwise provided …

(1) When a sentence of imprisonment for a felony is fixed by a jury pursuant to KRS 532.060 and the trial court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is nece…

(1) Whenever the death penalty is imposed for a capital offense, and upon the judgment becoming final in the Circuit Court, the sentence shall be reviewed on the record by the Supreme Court. The circuit clerk, within ten (10) days after receiving the transcript, shall transmit th…

(1) When a defendant is found to be a persistent felony offender, the jury, in lieu of the sentence of imprisonment assessed under KRS 532.060 for the crime of which the defendant presently stands convicted, shall fix a sentence of imprisonment as authorized by subsection (5) or …

A sentence of imprisonment for a misdemeanor shall be a definite term and shall be fixed within the following maximum limitations: (1) For a Class A misdemeanor, the term shall not exceed twelve (12) months; and (2) For a Class B misdemeanor, the term shall not exceed ninety (90)…

Housing for female state inmates -- Transfer of prisoners when jail is over capacity -- Reduction in per diem upon jailer's refusal to transfer -- Per diem increase for each day of prisoner attendance in department-approved program -- Incarceration of certain Class C and D felons…

(1) When multiple sentences of imprisonment are imposed on a defendant for more than one (1) crime, including a crime for which a previous sentence of probation or conditional discharge has been revoked, the multiple sentences shall run concurrently or consecutively as the court …