Lexington Pornography Defense Attorney
Kentucky Revenge Pornography and Obscene Matter Crimes
In Kentucky, certain types of pornography and obscene materials are illegal. In addition, how one handles or distributes those materials can be illegal. The definition of what constitutes “obscene material” is quite vague. Obscene material is defined as material that an average person would find to appeal to prurient interests, portray sexual conduct in an offensive way and lacks redeeming values, such as artistic, literary or scientific purposes.
Revenge porn, which is a term given to sexual images that were released without permission as a means of getting “revenge” on a person, is also illegal in Kentucky. If the revenge porn is sold or released for profit, the level of offense is one level higher.
In Kentucky, distribution of obscene matter is always illegal.
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Distribution of obscene matter is a Class B misdemeanor.
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Distribution of obscene matter to a minor is a Class A misdemeanor for a first offense, and a Class D felony for a subsequent offense.
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Using a minor to distribute obscene matter to a minor is a Class A misdemeanor for a first offense, and a Class D felony for a subsequent offense.
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Advertising obscene material is a Class B misdemeanor.
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Promoting the sale of obscene matter is a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class D felony for a subsequent offense.
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Revenge porn, which is known in Kentucky law as “distribution of sexually explicit images without consent,” is a Class A misdemeanor for a first offense and a Class D felony for each subsequent offense.
Our skilled obscene material 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 sexual abuse 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. Walk into the courtroom with attorneys with 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.
Have you been charged with an obscene matter or revenge porn crime?
Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!
If you have been charged with a sexual abuse crime 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 criminal defense attorney at 859-636-6803.
What are the penalties for obscene matter crimes in Kentucky?
Distribution of obscene matter is a Class B misdemeanor in Kentucky and carries a sentence of up to 90 days in jail. It can also carry a fine of up to $250.00.
Distribution of obscene matter to minors 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.
– A second or subsequent offense for distribution of obscene matter to minors 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.
Using a minor to distribute obscene matter 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.
– A second or subsequent offense for using a minor to distribute obscene matter 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.
Advertising obscene matter is a Class B misdemeanor in Kentucky and carries a sentence of up to 90 days in jail. It can also carry a fine of up to $250.00.
Promoting the sale obscene matter is a Class B misdemeanor in Kentucky and carries a sentence of up to 90 days in jail. It can also carry a fine of up to $250.00.
– A second offense for promoting the sale of obscene matter 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.
– A third or subsequent offense for promoting the sale of obscene matter 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.
Revenge porn, or the distribution of sexually explicit images, 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.
– A second offense revenge porn conviction is a Class D felony and carries a sentence of 1 – 5 years in prison. It can also carry a fine of up to $10,000.00.
– If the revenge porn was released for profit, it is a Class D felony in Kentucky for a first offense and a Class C felony for all subsequent offenses.
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 revenge porn or obscene matter charges.
When it comes to Kentucky revenge porn crimes, you need attorneys who will fight for and assert your constitutional rights. Often times, those accused with committing a revenge porn or obscene matter crimes 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 criminal defense attorney services include offering a free consultation 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 are ready to fight for you. Call our 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 revenge pornography and obscene matter laws below!
(1) A person is guilty of distribution of obscene matter when, having knowledge of its content and character, he:
(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:
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- Prepares, or
- Publishes, or
- Prints, or
- Exhibits, or
- Distributes, or
- Offers to distribute, or
- Has in his possession with intent to distribute, exhibit or offer to distribute, any obscene matter.
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(2) Distribution of obscene matter is a Class B misdemeanor unless the defendant has in his possession more than one unit of material coming within the provisions of this chapter, in which case it shall be a Class A misdemeanor.
If you’ve been charged with distribution of obscene matter crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of distribution of obscene material to minors when, knowing a person to be a minor, or having possession of such facts that he should reasonably know that such person is a minor, and with knowledge of the content and character of the material, he knowingly:
(a) Sends or causes to be sent; or
(b) Exhibits; or
(c) Distributes, or offers to distribute, obscene material to a minor.
(2) Distribution of obscene materials to minors is a Class A misdemeanor unless the defendant has previously been convicted of violation of this section or of KRS 531.020, in which case it shall be a Class D felony.
If you’ve been charged with distribution of obscene material to a minor 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 obscene material 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 531.020.
(2) Using minors to distribute obscene material is a Class A misdemeanor unless the defendant has previously been convicted of violation of this section or KRS 531.030, in which case it shall be a Class D felony.
If you’ve been charged with using minors to distribute obscene material crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of advertising obscene material when, having knowledge of its content and character thereof, he writes or creates advertising or solicits anyone to publish such advertising or otherwise promotes the sale or distribution of obscene matter.
(2) Advertising obscene material is a Class B misdemeanor.
If you’ve been charged with advertising obscene materials 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 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 matter reasonably believed by the purchaser or consignee to be obscene, 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 obscenity is a Class B misdemeanor for the first offense, a Class A misdemeanor for the second offense, and a Class D felony for each subsequent offense.
If you’ve been charged with promoting the sale of obscene material crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
Revenge Porn
(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, intimidate, threaten, or coerce the person depicted; and
(b) The disclosure would cause a reasonable person to suffer harm.
(2) This section shall not apply to:
(a) Images involving voluntary nudity or sexual conduct in public, commercial settings, or in a place where a person does not have a reasonable expectation of privacy;
(b) Disclosures made in the public interest, including the reporting of unlawful conduct, or lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings, or medical treatment;
(c) Disclosures of materials that constitute a matter of public concern; or
(d) Internet service providers or telecommunications services, or interactive computer services, as defined in 47 U.S.C. sec. 230(f)(2), for content solely provided by another person.
(3) A person who maintains an Internet Web site, online service, online application, or mobile application that distributes private erotic matter shall remove any such image if requested by a person depicted, and shall not solicit or accept a fee or other consideration to remove the visual image.
(4) Distribution of sexually explicit images without consent is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense, unless the person distributes the private erotic matter for profit or gain, in which case it is a Class D felony for the first offense and a Class C felony for each subsequent offense.
(5) In this section, “consent” means the consent to transmission of images to a specific recipient or recipients. Consent to the creation of the visual image does not, by itself, constitute consent to the distribution of the visual image.
(6) Notwithstanding KRS 17.500 to 17.580, a conviction under this section shall not result in the offender being deemed a registrant or being required to register as a sex offender.
If you’ve been charged with revenge porn crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
Child Pornography
CIR Legal’s seasoned criminal defense attorneys can help you with any type of pornography charge and help you determine what you’re up against—including child pornography. If you are charged with child pornography charges, you are facing very serious charges and you need an attorney.
To know more about this particular pornography crime, its penalties and potential defenses, please call our office at 859-636-6803.
Federal Pornography and Obscene Matter Laws
The federal government has its own laws regarding revenge porn, obscene matter and 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 pornography or obscene matter 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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