Kentucky Child Pornography Crimes
Child pornography is a form of child defamation, coercion, and sexual exploitation. Federal law defines child pornography as any visual portrayal of sexually explicit acts that is involving a minor or a group with a minor. Child pornography, usually take form in unlawful taking, production, distribution, sale, or publications of pornographic or obscene materials in images or videos depicting minors.
In Kentucky, child pornography and any act associated with child pornography are illegal.
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The use of a minor in a sexual performance is a Class C felony if the child is 16 or 17 years old.
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The use of a minor in a sexual performance is a Class B felony if the child is under 16 years old.
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The use of minor in a sexual performance is a Class A felony if the child used suffers a physical injury when so used.
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Promoting the use of a minor in a sexual performance is a Class C felony if the child is 16 or 17 years old.
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Promoting the use of a minor in a sexual performance is a Class B felony if the child is under 16 years old.
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Promoting the use of minor in a sexual performance is a Class A felony if the child used suffers a physical injury when so used.
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Possession or viewing of matter portraying a minor in a sexual performance is a Class D felony.
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Distribution of matter portraying a minor in a sexual performance is a Class D felony for a first offense, and a Class C felony for a second or subsequent offense.
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Promoting the sale of matter portraying a minor in a sexual performance is a Class A misdemeanor for a first offense, Class D felony for a second offense and a Class C felony for a third or subsequent offense.
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Advertising of matter portraying a minor in a sexual performance is a Class D felony for a first offense, and a Class C felony for a second or subsequent offense.
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Using a minor to distribute matter portraying a minor in a sexual performance is a Class D felony for a first offense, and a Class C felony for a second or subsequent offense.
Our skilled sexual abuse criminal defense attorneys are always prepared to fight in your defense and to protect your rights and freedom. With three attorneys working on your case, we see to it that no stone is left unturned. Our child pornography defense attorneys stay current on all of the latest court decisions that can help you have what it takes to beat your charges.
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It is important that the prosecutors know that you have attorneys who won’t back down and will take risks. Walk into the courtroom with attorneys with confident behavior and a proven track record of success who will hold the government to its burden of proving each and every element of their case beyond a reasonable doubt.
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If you have been charged with a sexual abuse crime and don’t want to be registered as a sex offender in Kentucky, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC sexual abuse defense lawyer at 859-636-6803.
What are the penalties for child pornography crimes in Kentucky?
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In Kentucky, the use of a minor in a sexual performance is a Class C felony if the child is 16 or 17 years old and carries a sentence of 5 – 10 years in prison. It can also carry a fine of up to $10,000.00.
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In Kentucky, the use of a minor in a sexual performance is a Class B felony if the child is under 16 years old and carries a sentence of 10 – 20 years in prison as punishment. It can also carry a fine of up to $10,000.00.
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In Kentucky, the use of minor in a sexual performance is a Class A felony if the child used suffers a physical injury when so used. This crime carries a sentence of 20 – 50 years in prison, or life imprisonment. It can also carry a fine of up to $10,000.00.
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In Kentucky, promoting the use of a minor in a sexual performance is a Class C felony if the child is 16 or 17 years old and carries a sentence of 5 – 10 years in prison. It can also carry a fine of up to $10,000.00.
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In Kentucky, promoting the use of a minor in a sexual performance is a Class B felony if the child is under 16 years old and carries a sentence of 10 – 20 years in prison. It can also carry a fine of up to $10,000.00.
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In Kentucky, promoting the use of minor in a sexual performance is a Class A felony if the child used suffers a physical injury when so used. This crime carries a sentence of 20 – 50 years in prison, or life imprisonment. It can also carry a fine of up to $10,000.00.
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Kentucky Revised Statutes section 531.335: Possession of Child Pornography. Possession or viewing of matter portraying a minor in a sexual performance is a Class D felony in Kentucky and carries a sentence of 1 – 5 years in prison. It can also carry a fine of up to $10,000.00.
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Distribution of matter portraying a minor in a sexual performance is a Class D felony for a first offense in Kentucky and carries a sentence of 1 – 5 years in prison. It can also carry a fine of up to $10,000.00.
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Second or subsequent offenses of distributing matter portraying a minor in a sexual performance is Class C felony in Kentucky and carries a sentence of 5 – 10 years in prison. It can also carry a fine of up to $10,000.00.
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Promoting the sale of matter portraying a minor in a sexual performance is a Class A misdemeanor in Kentucky and carries a sentence of up to 12 months in jail. It can also carry a fine of up to $500.00.
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Second offense promoting the sale of matter portraying a minor in a sexual performance is a Class D felony in Kentucky and carries a sentence of 1 – 5 years in prison. It can also carry a fine of up to $10,000.00.
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Third or subsequent offense promoting the sale of matter portraying a minor in a sexual performance is a Class C felony in Kentucky and carries a sentence of 5 – 10 years in prison. It can also carry a fine of up to $10,000.00.
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Advertising of matter portraying a minor in a sexual performance is a Class D felony in Kentucky and carries a sentence of 1 – 5 years in prison. It can also carry a fine of up to $10,000.00.
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For second or subsequent offense advertising of matter portraying a minor in a sexual performance is a Class C felony in Kentucky and carries a sentence of 5 – 10 years in prison. It can also carry a fine of $10,000.00.
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Using a minor to distribute matter portraying a minor in a sexual performance is a Class D felony in Kentucky and carries a sentence of 1 – 5 years in prison. It can also carry a fine of up to $10,000.00.
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Second or subsequent offense using a minor to distribute matter portraying a minor in a sexual performance is a Class C felony in Kentucky and carries a sentence of 5 – 10 years in prison. It can also carry a fine of up to $10,000.00.
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You need a team of experienced lawyers on your side!
Our criminal defense attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers, the National Trial Lawyers, America’s Top 100 Criminal Defense Attorneys and have experience practicing criminal defense cases just like yours throughout all of Kentucky.
Our team of lawyers will put their experience and reputation for success to work for you against your child pornography charges.
When it comes to Kentucky child pornography crimes, you need attorneys who will fight for and assert your constitutional rights. Often times, those accused with committing a child pornography crime have the cards stacked against them when they walk into the courtroom. You need a team of attorneys who can work with you to fight on your behalf. Our team of lawyers will dedicate the time necessary to meet with you and to go through every detail of your case, as we lay the building blocks to your best defense!
Free Consultation & Case Review from our criminal defense lawyers.
CIR Legal’s child pornography defense attorney services include offering a free consultation with our attorney at law and case review to all potential clients. Our defense attorneys have fought and will always strive to fight for the rights of every person in the Commonwealth of Kentucky, and we, as legal counsel, are ready to fight for you. Call our law office at 859-636-6803 or fill out our form on this website to schedule your free consultation.
Want to know more? We have included Kentucky child pornography laws below!
(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) years old at the time the minor engages in the prohibited activity;
(b) A Class B felony if the minor so used is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and
(c) A Class A felony if the minor so used incurs physical injury thereby.
If you’ve been charged with use of a minor in a sexual performance crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of promoting a sexual performance by a minor when, knowing the character and content thereof, he produces, directs or promotes any performance which includes sexual conduct by a minor.
(2) Promoting a sexual performance by a minor is:
(a) A Class C felony if the minor involved in the sexual performance is less than eighteen (18) years old at the time the minor engages in the prohibited activity;
(b) A Class B felony if the minor involved in the sexual performance is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and
(c) A Class A felony if the minor involved in the sexual performance incurs physical injury thereby.
If you’ve been charged with promoting a sexual performance by a minor crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(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
(b) Intentionally views any matter which visually depicts an actual sexual performance by 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 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 Class D felony.
If you’ve been charged with possession or viewing matter portraying a sexual performance by a minor crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(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:
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- Exhibits for profit or gain; or
- Distributes; or
- Offers to distribute; or
- 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.
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(2) Any person who has in his or her possession more than one (1) unit of material coming within the provision of KRS 531.300(2) shall be rebuttably presumed to have 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 a Class D felony for the first offense and a Class C felony for each subsequent offense.
If you’ve been charged with distribution of child pornography crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of promoting sale of material portraying a sexual performance by a minor 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 matter portraying a sexual performance by a minor, or he 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 Class A misdemeanor for the first offense, a Class D felony for the second offense, and a Class C felony for each subsequent offense.
If you’ve been charged with promoting sale of child pornography crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(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.
(2) Advertising material portraying a sexual performance by a minor is a Class D felony for the first offense and a Class C felony for each subsequent offense.
If you’ve been charged with advertising child pornography crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(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 of the material, he knowingly:
(a) Hires; or
(b) Employs; or
(c) Uses, a minor to do or assist in doing any of the acts prohibited by KRS 531.340.
(2) Using minors to distribute material portraying a sexual performance by a minor is a Class D felony unless the defendant has previously been convicted of violation of this section or KRS 531.030, in which case it shall be a Class C felony.
If you’ve been charged with using minors to distribute child pornography crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
Federal Child Pornography Laws
The federal government has its own laws regarding child pornography. Whether you are tried by the state of Kentucky or by the federal government depends on a number of factors, such as where your arrest happened, who arrested you, what evidence was found and what alleged crime was committed.
There are two Federal Districts in Kentucky, the United States District Court for the Eastern District of Kentucky and the United States District Court for the Western District of Kentucky. Each District has a number of courthouses spread out throughout their geographical region of the state.
Federal child pornography crimes are serious and often carry heavier penalties in comparison to its state level counterparts. If federal charges have been filed against you, you need to call a trusted criminal defense attorney as soon as you can. Working with a seasoned criminal defense attorney who will defend and protect your rights against the government’s charges is the first step to building your defense and protecting your freedom.
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