Kentucky

Kentucky Sexting Laws: Legal Consequences and Penalties

Independently fact-checked Editor-reviewed Law current as of August 20, 2026By Recording Law Editorial TeamPublished February 1, 2026Reviewed September 28, 202612 min read

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 16 primary sources cited on this page. How we verify our legal content

Kentucky Sexting Laws: Legal Consequences and Penalties

Kentucky has no standalone sexting statute, so prosecutors charge sexting involving minors under child pornography laws in KRS Chapter 531. Possessing explicit images of a minor violates KRS 531.335, while distributing them is a Class C felony under KRS 531.340. No age-gap exception applies to image offenses.

Overview of Kentucky Sexting Laws

Kentucky does not have a standalone sexting statute. Unlike states that have created specific misdemeanor offenses or age-gap exceptions for teen sexting, Kentucky handles sexting cases through its existing child pornography and obscenity laws under KRS Chapter 531.

This means a teenager who sends a nude selfie to a partner can face the same felony charges designed to prosecute adults who exploit children. While prosecutors often exercise discretion in teen-to-teen cases, the legal framework itself does not distinguish between predatory behavior and consensual sharing between peers.

In 2024, the Kentucky General Assembly passed House Bill 207, which significantly increased penalties for child pornography offenses. These changes took effect on July 15, 2024, and raised most offenses from Class D felonies to Class C felonies or higher.

Child Pornography Statutes That Apply to Sexting

Because Kentucky lacks a dedicated sexting law, prosecutors rely on the child pornography statutes in KRS Chapter 531. The 2024 amendments through HB 207 (2024 Kentucky Acts Chapter 15) substantially changed the penalty structure for these offenses.

Teenager leaning against school lockers with a phone held behind their back, head bowed

Possession or Viewing (KRS 531.335)

Under KRS 531.335, a person commits this offense when they knowingly possess or view any material depicting an actual or computer-generated sexual performance by a minor.

Element	Detail
Offense	Possession or viewing of matter portraying a sexual performance by a minor
Penalty (minor under 18)	Class D Felony (1 to 5 years)
Penalty (minor under 12)	Class C Felony (5 to 10 years)
Fine	Up to $10,000
Key Note	Applies even if the possessor is also a minor

This statute applies to anyone who has explicit images of a minor on a phone, computer, or other device. Simply receiving and retaining an image counts as possession under the law. The statute was amended in 2024 to also cover computer-generated images of identifiable minors, and amended again effective July 15, 2026 to add the higher Class C felony tier for a depicted minor under 12.

A person who possesses more than one item of such material faces a rebuttable presumption of intent to distribute, which triggers the more severe distribution charges.

Distribution (KRS 531.340)

Under KRS 531.340, distributing material portraying a sexual performance by a minor is a serious felony. The 2024 amendments significantly increased the penalties.

Circumstance	Penalty	Prison Range
Minor is under 18	Class C Felony	5 to 10 years
Minor is under 12	Class B Felony	10 to 20 years

In the context of sexting, pressing "send" on an explicit image of a minor creates a distribution charge. If a teen forwards an image received from someone else, that forwarding constitutes a separate act of distribution.

Important 2024 change: Before July 15, 2024, distribution was a Class D Felony (1 to 5 years). The penalties are now significantly harsher.

Use of a Minor in a Sexual Performance (KRS 531.310)

Under KRS 531.310, employing, consenting to, authorizing, or inducing a minor to engage in a sexual performance is a felony.

Circumstance	Penalty	Prison Range
Minor is under 18	Class C Felony	5 to 10 years
Minor is under 16	Class B Felony	10 to 20 years
Minor suffers physical injury	Class A Felony	20 to 50 years or life

In a sexting scenario, asking a partner to send explicit photos could be charged under this statute as "inducing" a minor to engage in a sexual performance. This statute now carries a violent offender designation, meaning convicted individuals must serve at least 85% of their sentence before becoming eligible for parole.

Promoting a Sexual Performance by a Minor (KRS 531.320)

Under KRS 531.320, producing, directing, or promoting any performance that includes sexual conduct by a minor is a felony.

Circumstance	Penalty	Prison Range
Minor is under 18	Class C Felony	5 to 10 years
Minor is under 16	Class B Felony	10 to 20 years
Minor suffers physical injury	Class A Felony	20 to 50 years or life

A minor who takes an explicit photo of themselves could technically be viewed as "producing" material under this statute. Like KRS 531.310, this offense now carries the violent offender designation and the 85% minimum sentence requirement.

2024 Penalty Increases: HB 207

House Bill 207, signed by the Governor on March 28, 2024, and effective July 15, 2024, made several sweeping changes to Kentucky's child exploitation laws.

Key Changes

Higher felony classifications: Most offenses under KRS 531.310 through 531.340 moved from Class D felonies to Class C felonies, with enhanced penalties when the victim is under 12 or 16 years old.
85% minimum sentence: Convictions under KRS 531.310 and 531.320 now trigger the violent offender statute (KRS 439.3401), requiring defendants to serve at least 85% of their sentence before becoming eligible for probation, parole, or early release. KRS 531.335 (possession/viewing) and KRS 531.340 (distribution) impose that same 85%-of-sentence requirement directly within their own text, so all four child pornography offenses in this chapter carry the 85% floor, not just 531.310 and 531.320.
Computer-generated images: The law now covers AI-generated and computer-generated images depicting identifiable minors in sexual performances.
Sex offender treatment required: All convicted sex offenders must complete sex offender treatment before becoming eligible for parole.

These increased penalties turn on when the offense was committed, not on when a sentence is imposed. KRS 446.110 provides that a new law does not affect an offense committed against a former law or a punishment incurred under it, and that only a penalty the new law mitigates may be applied to a judgment pronounced after the new law takes effect, and then only with the consent of the party affected. The violent offender statute is keyed the same way: KRS 439.3401(7) applies the section only to persons who commit offenses after July 15, 1998, and subsection (8) preserves the earlier version for offenses committed before that date. Conduct that took place before July 15, 2024, is therefore charged and punished under the law in effect at the time of the offense.

Sexual Extortion Law: SB 73 (2025), Codified at KRS 531.125

On March 12, 2025, the Governor signed Senate Bill 73 (2025 Ky. Acts ch. 9), which creates a new criminal offense of sexual extortion, codified at KRS 531.125. The law took effect on June 27, 2025.

Federal gavel resting next to reading glasses on a dark surface

Sexual extortion, commonly called "sextortion," involves using threats to coerce someone into providing sexual images, engaging in sexual acts, or providing money or something of value. This crime has grown rapidly, with the FBI reporting over 54,000 sextortion-related reports in 2024.

Key Provisions of SB 73

Criminal penalties: Under KRS 531.125(2), sexual extortion is a Class A misdemeanor by default. It is a Class D felony if the victim, as a result of the offense, engages in sexual conduct, produces or sends the demanded images, hands over money or property, does or refrains from an act against their will, or suffers serious physical injury. The charge moves up one further level when an aggravating factor applies, such as an adult offender more than four years older than a minor victim, an offender in a position of special trust or authority, a prior sexual offense, or use or threatened use of a deadly weapon.
Sex offender registration: Felony convictions under this statute require registration as a sex offender.
Civil remedies: Victims and their families can seek damages, legal fees, and court costs through civil action.
School education mandates: Kentucky schools and colleges must implement education and awareness programs about sexual extortion.

This law is particularly relevant to teen sexting situations because it addresses scenarios where one person pressures another into sending explicit images through threats of exposure or other harm.

Revenge Porn (Non-Consensual Distribution of Intimate Images)

Kentucky enacted its revenge porn law in 2018. Under KRS 531.120, it is illegal to distribute sexually explicit images of another person without their written consent.

Elements of the Offense

A person commits this offense when they:

Intentionally distribute private erotic matter to a third party.
Do so without the written consent of the person depicted.
Act with intent to profit, harm, harass, intimidate, threaten, or coerce the person depicted.
The disclosure would cause a reasonable person to suffer harm.

Consenting to the creation of an image does not equal consent to its distribution. The law requires separate, written consent for sharing.

Penalties

Circumstance	Penalty	Maximum Sentence
First offense (non-profit)	Class A Misdemeanor	Up to 12 months in jail
Subsequent offense (non-profit)	Class D Felony	1 to 5 years in prison
First offense (for profit)	Class D Felony	1 to 5 years in prison
Subsequent offense (for profit)	Class C Felony	5 to 10 years in prison

Convictions under this statute do not require sex offender registration, regardless of the age of the person depicted in the image. However, if the victim is under 18, a separate conviction for child pornography charges under KRS 531.340 may also apply, and that distinct offense carries its own registration consequences.

Voyeurism and Video Voyeurism (KRS 531.090 and KRS 531.100)

Kentucky law also addresses the secret recording of individuals in private settings, through two separate offenses that carry very different penalties.

Under KRS 531.090, a person commits voyeurism when they intentionally use a camera or other image recording device, the unaided eye, or a device that improves visual acuity to observe or record another person's sexual conduct, genitals, an undergarment worn without being publicly visible, or the nipple of the female breast, without that person's consent, where a reasonable person would believe they were not being observed or recorded.

Penalty: Class A misdemeanor (up to 12 months in jail)

Under KRS 531.100, the separate offense of video voyeurism applies when a person makes such a recording and then uses or divulges the image for consideration, or distributes it by live or recorded visual medium, electronic mail, the internet, or a commercial online service.

Penalty: Class D felony (1 to 5 years in prison)

Both laws protect individuals in locations like bathrooms, locker rooms, and bedrooms. For voyeurism under KRS 531.090, the act of recording or observing is itself the crime, regardless of whether the images are ever shared. The felony offense under KRS 531.100 requires the additional element of using the image for consideration or distributing it.

Juvenile Court and Diversion Programs

When minors (under 18) are involved in sexting cases, charges are typically handled through Kentucky's juvenile court system. The focus in juvenile court is rehabilitation rather than punishment.

Federal hands placing a document into a white envelope

Common Outcomes for Juveniles

Diversion programs: Through the Court Designated Worker Program, eligible juveniles may enter agreements requiring community service, counseling, or educational classes in exchange for avoiding formal charges.
Family Accountability, Intervention, and Response (FAIR) Teams: These teams collaborate with court specialists to divert juveniles from the formal court system.
Probation: Court-supervised release with conditions such as restricted phone use or mandatory counseling.
Detention: In serious cases, placement in a juvenile facility through the Kentucky Department of Juvenile Justice.

However, if the conduct is severe or involves distribution to multiple recipients, a prosecutor may seek to have the minor tried as a youthful offender, which could result in adult-level consequences.

No Romeo and Juliet Exception for Sexting

While Kentucky has age-gap exceptions for sexual contact (statutory rape provisions), there is no parallel exception in KRS Chapter 531 for the possession or distribution of explicit images. A 17-year-old sharing images with a 16-year-old partner has no automatic statutory immunity.

Sex Offender Registration Risks

Under KRS Chapter 17, felony convictions for sex crimes generally require registration on the Kentucky sex offender registry.

If a minor is adjudicated as a youthful offender and convicted of a felony under KRS Chapter 531, they could be required to register as a sex offender. Registration carries significant long-term consequences, including restrictions on where a person can live and work.

Even juvenile court adjudications, while often sealed, can have lasting implications when they involve serious sex offense charges.

Federal Law Considerations

Sexting can also violate federal child pornography laws under 18 U.S.C. Section 2252A. Federal statutes carry mandatory minimum prison sentences and apply when images cross state lines, which internet transmission inherently does.

While federal prosecutors rarely intervene in local teen-to-teen sexting cases, they have jurisdiction and may become involved when cases involve distribution networks or cross-state activity.

Federal law also directly addresses non-consensual intimate imagery through the TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025), codified at 47 U.S.C. Section 223(h). It is a federal crime to publish an authentic intimate image without consent, or to threaten to, punishable by up to 2 years for an adult victim or 3 years for a minor victim; a lower penalty (up to 18 months for an adult victim, 30 months for a minor victim) applies only to a threat involving an AI-generated digital forgery, not an authentic image. Covered platforms must also remove a reported image within 48 hours of notice, a duty that became enforceable in May 2026. Separately, victims can bring a civil suit for actual damages or $150,000 in liquidated damages plus attorney's fees under 15 U.S.C. Section 6851, enacted in 2022.

Defenses Available in Kentucky Sexting Cases

Given the severity of these statutes, understanding potential defenses is critical.

Lack of Knowledge

The statutes require that a person "knowingly" possesses or distributes the material. If someone receives an unsolicited image and immediately deletes it without viewing or sharing it, they may argue they did not knowingly possess the material.

Prosecutorial Discretion

The most practical protection in teen sexting cases is the discretion of the county attorney. Factors that influence whether charges are filed or diverted include:

The age difference between the parties.
Whether the exchange was consensual between peers.
Whether images were shared beyond the intended recipient.
The minor's criminal history.
Whether any coercion or bullying was involved.

Constitutional Challenges

Some defense attorneys have raised First Amendment and due process arguments against applying child pornography statutes to teens who create images of themselves. These arguments have had mixed results across different jurisdictions.

What to Do If Accused

If you or your child faces an investigation or charges related to sexting in Kentucky, take these steps immediately.

Do not speak to police without an attorney. Law enforcement may try to minimize the situation to obtain a statement. You have the right to remain silent. Exercise it firmly and politely.

Do not destroy evidence. Deleting images after an investigation begins can lead to separate felony charges for tampering with physical evidence under KRS 524.100. Let your attorney handle evidence preservation.

Contact a criminal defense attorney immediately. The Kentucky Bar Association offers a lawyer referral service. The Kentucky Attorney General's Office also provides resources for victims of digital crimes.

If you are a minor, tell a trusted adult. A parent, guardian, school counselor, or other trusted adult can help you access legal representation and support.

Report exploitation. If someone is threatening you with intimate images, report it to the National Center for Missing & Exploited Children CyberTipline or contact the FBI's Internet Crime Complaint Center. Our guide to sextortion scams explains why you should stop responding and not pay, and lists free tools for getting images taken down.

More Kentucky Laws

Frequently Asked Questions

Is sexting a felony in Kentucky?

Yes, it can be. Kentucky does not have a specific misdemeanor sexting statute. Sexting involving minors falls under child pornography laws (KRS 531.335 and 531.340), which are classified as Class D felonies for possession and Class C felonies for distribution as of July 2024. More serious charges under KRS 531.310 and 531.320 can reach Class B or Class A felony levels.

Does Kentucky have a Romeo and Juliet exception for teen sexting?

No. Kentucky has age-of-consent exceptions for sexual contact, but those protections do not extend to the production, possession, or distribution of explicit images under KRS Chapter 531. Teens involved in consensual sexting rely on prosecutorial discretion and juvenile diversion programs rather than any statutory protection.

What should I do if I receive an unsolicited explicit image of a minor?

Do not save it, do not forward it, and do not show it to others. Delete it immediately. Forwarding the image constitutes distribution, which is a Class C Felony under KRS 531.340. If you are a minor, tell a trusted adult. You can also report the image to the National Center for Missing and Exploited Children CyberTipline at missingkids.org.

What is the penalty for revenge porn in Kentucky?

Under KRS 531.120, a first offense for distributing sexually explicit images without consent is a Class A Misdemeanor punishable by up to 12 months in jail. A subsequent offense is a Class D Felony (1 to 5 years in prison). If the distribution is done for profit, the first offense is a Class D Felony and subsequent offenses are Class C Felonies.

What is Kentucky's new sextortion law?

Senate Bill 73, signed into law on March 12, 2025, and effective June 27, 2025, created the offense of sexual extortion, codified at KRS 531.125. The law makes it a crime to threaten a person's property, reputation, or safety, or to threaten to distribute intimate images of them, in order to coerce them into sexual conduct, into producing or sending explicit images, or into handing over money or anything of value. It is a Class A misdemeanor by default, a Class D felony if the victim complies or suffers serious physical injury, and one level higher when an aggravating factor applies. A felony conviction under this section is a sex crime under KRS 17.500(8), which requires sex offender registration.

Updates

September 28, 2026

Corrected the age-of-consent summary: under KRS 510.020(3), a person under 16 cannot consent, and a 16- or 17-year-old cannot consent where the other person is at least 10 years older.

September 1, 2026

Corrected the voyeurism section, which had attributed a Class D felony penalty to KRS 531.090 (voyeurism is a Class A misdemeanor) and omitted KRS 531.100, the separate video voyeurism felony; added the codified citation for Kentucky's new sexual extortion law (KRS 531.125); replaced a statement that HB 207's increased penalties apply by sentencing date with the rule in KRS 446.110 and KRS 439.3401(7)-(8) that they turn on when the offense was committed; and repaired two statute links that resolved to the wrong offense or to a superseded-version notice.

August 20, 2026

Updated KRS 531.335 (possession of matter portraying a sexual performance by a minor) to reflect a 2026 amendment that added a Class C felony tier for images of a minor under 12, which took effect after the page was last checked; corrected the signing date of the 2025 sexual extortion law, Senate Bill 73, from March 26 to its actual date of March 12; and added a short new paragraph on the 2025 federal TAKE IT DOWN Act, which the federal-law section previously did not mention.

August 20, 2026

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

August 8, 2026

Removed two fabricated distribution-penalty enhancements (registrant status, position of authority) that had no basis in KRS 531.340, corrected the KRS 531.120 registration description, and clarified that the 85% mandatory-service requirement applies to all four child pornography offenses (KRS 531.310, 531.320, 531.335, 531.340), not just the two carrying the violent-offender designation.

August 8, 2026

Governing law re-checked for recent changes

February 1, 2026

Reviewed and approved by an editor

The Law Behind This Article

This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.

Kentucky Revised Statutes, Chapter 531: PORNOGRAPHY

§ 531.335Possession or viewing of matter portraying a sexual performance by a minor -- ApplicabilityIn forcecited in 3 of our articles

(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) Knowingly has in his or her possession or control any matter which visually depicts a sexual performance by a minor person or computer-generated image of a minor person; or (b) Intentionally views any matter which visually depicts a sexual performance by a minor person or computer-generated image of a minor person.

Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Cited in 26 court opinions in our collectionLatest citing opinion in our collection: 2026

In the courts (editorial summary, independently checked):In Crabtree v. Commonwealth (2014) the Kentucky Supreme Court read KRS 531.335 to require both knowledge of content and knowing possession, affirming counts for partly downloaded videos but holding images auto-generated in the operating system thumbcache insufficient. Steele v. Commonwealth (2019) applied those elements.

Opinions citing this section in our collection:

Crabtree v. Commonwealth (Kentucky Supreme Court 2014, 455 S.W.3d 390)✓Crabtree partially downloaded child-pornography videos through Limewire, and still images survived only in his computer's automatic thumbcache; the court sustained the video convictions under KRS 531.335 but reversed the thumbcache counts for lack of proof of knowing possession.
Peterson v. Commonwealth (Kentucky Supreme Court 2005, 160 S.W.3d 730)✓Police seized discs of child pornography at Peterson's home and he argued the state had to prove the images showed real rather than computer-generated children; the court held expert testimony was not required, since the jurors viewed the images themselves.
Baker v. Commonwealth (Kentucky Supreme Court 2003, 103 S.W.3d 90)✓Baker photographed his twelve-year-old step-granddaughter nude and argued the jury should have been offered the misdemeanor of possession under KRS 531.335 because the seized film was undeveloped; the court held that lesser-included instruction was not warranted on this proof.

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Kentucky AI Laws and Regulation (2026), Kentucky Pornography Laws (2026): Obscenity and Age Verification

§ 531.340Distribution of matter portraying a sexual performance by a minorIn forcecited in 2 of our articles

(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 for sale or distribution; or (c) In this state: 1. Exhibits for profit or gain; 2. Distributes; 3. Offers to distribute; or 4. 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 or computer-generated image of a minor. (2) Any person who has in his or her possession more than one (1) unit of matter, as defined in KRS 531.010, shall be rebuttably presumed to have that matter in his or her possession with the intent to distribute it.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2025

Opinions citing this section in our collection:

Hause v. Commonwealth (Court of Appeals of Kentucky 2001, 83 S.W.3d 1)“…e circuit court erred in failing to declare KRS 531.330 and KRS 531.340 unconstitutionally overbroad; (2) the c…”
Peterson v. Commonwealth (Kentucky Supreme Court 2005, 160 S.W.3d 730)“…portraying a sexual performance by a minor. KRS 531.335 and KRS 531.340. The basis for Appellant's claim stem…”
Jose Montoya Velazquez v. Commonwealth of Kentucky (Court of Appeals of Kentucky 2025)“…ommitted.” (Emphasis added.) However, Velazquez argues that KRS 531.340 required the Commonwealth to prove that…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

§ 531.310Use of a minor in a sexual performanceIn forcecited in 5 of our articles

(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.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Cited in 42 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

Payne v. Commonwealth (Kentucky Supreme Court 1981, 623 S.W.2d 867)“…and twenty counts of using a minor in a sexual performance (KRS 531.310). The acts giving rise to this indictme…”
Purcell v. Commonwealth (Kentucky Supreme Court 2004, 149 S.W.3d 382)“…973 S.W.2d 70, 75 (1998), a case alleging a violation of KRS 531.310 (use of a minor in a sexual performance…”
Clark v. Commonwealth (Kentucky Supreme Court 2008, 267 S.W.3d 668)“…his convictions for use of a minor in a sexual performance, KRS 531.310, and promotion of a sexual performance…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Kentucky Age of Consent Laws: Statutes, Penalties and Reporting, Kentucky Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)

§ 531.320Promoting a sexual performance by a minorIn forcecited in 2 of our articles

(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 performance by a minor is: (a) A Class C felony if the minor or computer-generated image of a minor involved in the sexual performance is less than eighteen (18) years old at the time the minor or computer-generated image of a minor engages in the prohibited activity; (b) A Class B felony if the minor or computer-generated image of a minor involved in the sexual performance is less than sixteen (16) years old at the time the minor or computer-generated image of a minor engages in the prohibited activity; and (c) A Class A felony if the minor involved in the sexual performance incurs physical injury thereby.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

Purcell v. Commonwealth (Kentucky Supreme Court 2004, 149 S.W.3d 382)“…it Court jury of promoting a sexual performance by a minor, KRS 531.320, and sentenced to ten years in prison.…”
Clark v. Commonwealth (Kentucky Supreme Court 2008, 267 S.W.3d 668)“…531.310, and promotion of a sexual performance by a minor, KRS 531.320, arise from the same course of conduct…”
Little v. Commonwealth (Kentucky Supreme Court 2009, 272 S.W.3d 180)“…under the facts in question, the promotion statute, KRS 531.320 prohibits the same conduct, (emphasis a…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

§ 531.120Distribution of sexually explicit images without consentIn forcecited in 10 of our articles

(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.

Official text (excerpt) · last checked 2026-08-30 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Also relied on in: Kentucky Recording Laws (2026): One-Party Consent Rules, Kentucky Security Camera Laws: Home, Business, and HOA Rules, Kentucky Video Recording Laws: Surveillance, Privacy, and Legal Limits

§ 531.100Video voyeurismIn forcecited in 7 of our articles

(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 conduct, genitals, or nipple of the female breast of another person without that person's consent; and (b) Uses or divulges any image so obtained for consideration; or (c) Distributes any image so obtained by live or recorded visual medium, electronic mail, the Internet, or a commercial on-line service. (2) Video voyeurism is a Class D felony.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2025

Opinions citing this section in our collection:

Kentucky Bar Ass'n v. Daniels (Kentucky Supreme Court 2006, 193 S.W.3d 754)“…in Jefferson Circuit Court to one count of Video Voyeurism, KRS 531.100, and in Hardin Circuit Court to one cou…”
Daniels v. Kentucky Bar Association (Kentucky Supreme Court 2008, 247 S.W.3d 530)“…ovant was indicted in Jefferson County for video voyeurism, KRS 531.100, a felony that criminalizes the non-co'…”
Michelle Bray v. Commonwealth of Kentucky (Kentucky Supreme Court 2025)“…sexual performance by a minor. KRS 531.320(1) (promoting); KRS 531.100(3) (defining “promote”). 17 The…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Kentucky Smart Glasses Recording Laws 2026, Kentucky Employee Monitoring Laws (2026): Workplace Surveillance Rights, Kentucky Nursing Home Camera Laws: HB 491 and What Applies Today

§ 531.125Sexual extortionIn forcecited in 4 of our articles

(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. Produce, provide, or distribute any matter depicting that person engaging in sexual conduct or in a state of nudity or seminudity; or (b) Distribute any matter depicting another person engaged in sexual conduct or in a state of nudity or seminudity with the intent to coerce that person to: 1. Engage in sexual conduct; 2. Produce, provide, or distribute any matter depicting that person engaging in sexual conduct or in a state of nudity or seminudity; 3. Provide the payment of money, property, services, or any other thing of value to the perpetrator; or 4. Do any act or refrain from doing any act against his or her will. (2) Sexual extortion is a Class A misdemeanor unless: (a) The victim, as a result of the commission of the offense: 1. Engages in sexual conduct; 2. Produces, provides, or distributes any matter depicting himself or herself engaging in sexual conduct or in a state of nudity or seminudity; 3.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Also relied on in: Kentucky Extortion Laws: Theft by Extortion, Coercion and Penalties

§ 531.090VoyeurismIn forcecited in 14 of our articles

(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, genitals, an undergarment worn without being publicly visible, or nipple of the female breast of another person without that person's consent; or 2. Uses the unaided eye or any device designed to improve visual acuity for the purpose of observing or viewing the sexual conduct, genitals, an undergarment worn without being publicly visible, or nipple of the female breast of another person without that person's consent; or 3.

Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2026

In the courts (editorial summary, independently checked):Kentucky courts have treated KRS 531.090 largely as a jury-instruction question. Williams v. Commonwealth (2005) held the 2002 voyeurism statute could not reach conduct predating its July 15, 2002 effective date, and Morgan v. Commonwealth (2006) held voyeurism is not a lesser-included offense of first-degree burglary.

Opinions citing this section in our collection:

Williams v. Commonwealth (Kentucky Supreme Court 2005, 178 S.W.3d 491)✓Williams photographed his eight-year-old stepdaughter naked in January 2001 and sought a lesser-included voyeurism instruction; the court held KRS 531.090 created a new offense effective July 15, 2002 and was not retroactive, so it could not reach his earlier conduct.
Morgan v. Commonwealth (Kentucky Supreme Court 2006, 189 S.W.3d 99)✓Morgan watched a couple through a trailer window, then cut the phone line and broke in armed; the court held voyeurism under KRS 531.090 is not a lesser-included offense of first-degree burglary because it requires proof of unlawful entry to view another person.
Commonwealth v. Mixon (Kentucky Supreme Court 1992, 827 S.W.2d 689)“…lier cases, arising under the former habitual criminal act, KRS 531.090, required authenticated records of fore…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Kentucky Landlord-Tenant Recording Laws: Surveillance, Privacy, and Disputes, Kentucky Laws on Recording in Public: Rights, Limits, and Exceptions, Kentucky School Recording Laws: Student, Parent, and Teacher Rights

Kentucky Revised Statutes, Chapter 439: PROBATION AND PAROLE

§ 439.3401Violent offenders -- Conditions for release -- Applicability of section to victim of domestic violence or abuse -- Time of offense -- Prohibition against award of creditIn forcecited in 5 of our articles

(1) As used in this section, "violent offender" means any person who has been convicted of or pled guilty to the: (a) Commission or attempted commission of: 1. A capital offense; 2. A Class A felony; or 3. A felony sexual offense described in KRS Chapter 510; or (b) Commission of: 1. A felony involving the death of the victim or serious physical injury to a victim; 2. Use of a minor in a sexual performance as described in KRS 531.310; 3. Promoting a sexual performance by a minor as described in KRS 531.320; 4. Unlawful transaction with a minor in the first degree as described in KRS 530.064(1)(a); 5. Human trafficking under KRS 529.100 involving commercial sexual activity where the victim is a minor; 6. Criminal abuse or neglect in the first degree as described in KRS 508.100; 7. Burglary in the first degree accompanied by the commission or attempted commission of an assault as described in KRS 508.010, 508.020, 508.032, or 508.060; 8. Burglary in the first degree accompanied by commission or attempted commission of kidnapping as described in KRS 509.040; 9.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Cited in 168 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

Springer v. Commonwealth (Kentucky Supreme Court 1999, 998 S.W.2d 439)“…ed the domestic violence exemptions from KRS 533.060(1) and KRS 439.3401(4). I. PEREMPTORY STRIKES. The t…”
Commonwealth v. Pridham (Kentucky Supreme Court 2012, 394 S.W.3d 867)“…his thirty-year sentence, or six years, 1 whereas in fact KRS 439.3401, the “violent offender” statute, operat…”
Snodgrass v. Commonwealth (Kentucky Supreme Court 1991, 814 S.W.2d 579)“…nconstitutionally cruel, especially considering that, under KRS 439.3401, one convicted thereof cannot be eligib…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: How Long Is a Life Sentence? State-by-State Guide (2026), How Long Is a Life Sentence in Kentucky? (2026 Guide), Kentucky Felony Classes and Misdemeanor Penalties (2026)

Kentucky Revised Statutes, Chapter 524: INTERFERENCE WITH JUDICIAL ADMINISTRATION

§ 524.100Tampering with physical evidenceIn force

(1) A person is guilty of tampering with physical evidence when, believing that an official proceeding is pending or may be instituted, he: (a) Destroys, mutilates, conceals, removes or alters physical evidence which he believes is about to be produced or used in the official proceeding with intent to impair its verity or availability in the official proceeding; or (b) Fabricates any physical evidence with intent that it be introduced in the official proceeding or offers any physical evidence, knowing it to be fabricated or altered. (2) Tampering with physical evidence is a Class D felony.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Cited in 95 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

Davis v. Commonwealth (Kentucky Supreme Court 2004, 147 S.W.3d 709)“…Cox, KRS 507.020, and of tampering with physical evidence, KRS 524.100, by attempting to dispose of Cox's body…”
Mullins v. Commonwealth (Kentucky Supreme Court 2011, 350 S.W.3d 434)“…al evidence, given the evidence introduced at trial. KRS 524.100 provides: A person is guilty of…”
Burdell v. Commonwealth (Kentucky Supreme Court 1999, 990 S.W.2d 628)“…st degree, KRS 218A.1412, tampering with physical evidence, KRS 524.100, possession of drug paraphernalia, KRS…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

United States Code Title 15

§ 6851Civil action relating to disclosure of intimate imagesIn forcecited in 27 of our articles

In this section: The term “commercial pornographic content” means any material that is subject to the record keeping requirements under section 2257 of title 18. The term “consent” means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion. The term “depicted individual” means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the visual depiction. The term “disclose” means to transfer, publish, distribute, or make accessible.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Cited in 49 court opinions in our collectionLatest citing opinion in our collection: 2026

In the courts (editorial summary, independently checked):District courts have begun applying the 15 U.S.C. 6851 private action for nonconsensual disclosure of intimate images. Goodnight v. Hammons (2025) read its unwelcome conduct and public concern exceptions narrowly and let the claim proceed. Parkes v. Walker II (2025) dismissed a claim that did not plead interstate commerce.

Opinions citing this section in our collection:

TILLE v. KAPLAN (District Court, D. New Jersey 2025)“…iolence Against Women Reauthorization Act of 2022 (“VAWA”), 15 U.S.C. § 6851. Compl., D.E. 1, at 7-8. The allegati…”
Turner v. Echols (District Court, W.D. Virginia 2025)✓A pretrial detainee sued an FBI agent under 15 U.S.C. 6851 over intimate images found in a warrantless phone search; the court dismissed, finding he never alleged he was depicted, never plausibly alleged disclosure, and that the law enforcement exception applied.
Goodnight v. Hammons (District Court, W.D. Oklahoma 2025)✓A wife allegedly accessed her husband's devices, took his girlfriend's nude photos and sent them to a coworker; the court let the 15 U.S.C. 6851 claim proceed, rejecting the statute's unwelcome-conduct and public-concern exceptions as covering discovered infidelity.

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: How to File a DMCA Takedown on Xvideos (2026 Guide), Mississippi Data Privacy Laws: Breach Notification & Consumer Rights (2026), Connecticut Sexting Laws: Legal Consequences and Penalties

Kentucky Revised Statutes, Chapter 17: PUBLIC SAFETY

§ 17.500Definitions for KRS 17.500 to 17.580In forcecited in 2 of our articles

As used in KRS 17.500 to 17.580: (1) "Approved provider" means a mental health professional licensed or certified in Kentucky whose scope of practice includes providing mental health treatment services and who is approved by the Sex Offender Risk Assessment Advisory Board, under administrative regulations promulgated by the board, to provide comprehensive sex offender presentence evaluations or treatment to adults and youthful offenders, as defined in KRS 600.020; (2) "Cabinet" means the Justice and Public Safety Cabinet; (3) (a) Except as provided in paragraph (b) of this subsection, "criminal offense against a victim who is a minor" means any of the following offenses if the victim is under the age of eighteen (18) at the time of the commission of the offense: 1. Kidnapping, as set forth in KRS 509.040, except by a parent; 2. Unlawful imprisonment, as set forth in KRS 509.020, except by a parent; 3. Sex crime; 4. Promoting a sexual performance of a minor, as set forth in KRS 531.320; 5. Human trafficking involving commercial sexual activity, as set forth in KRS 529.100; 6. Promoting human trafficking involving commercial sexual activity, as set forth in KRS 529.110; 7.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Cited in 61 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

Commonwealth v. Baker (Kentucky Supreme Court 2009, 295 S.W.3d 437)“…KRS 17.495, read as follows: No registrant, as defined in KRS 17.500, who is placed on probation, parole, or…”
Hyatt v. Commonwealth (Kentucky Supreme Court 2002, 72 S.W.3d 566)“…constitutionality of the Sexual Offender Registration Act, KRS 17.500 et seq. commonly known as “Megan’s Law.…”
Murphy v. Commonwealth (Kentucky Supreme Court 2016, 500 S.W.3d 827)“…use of “conviction” to describe to whom it applies, e.g., KRS 17.500(9) (using “conviction” to define “sexua…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Kentucky Background Check Laws (2026 Guide)

Kentucky Revised Statutes, Chapter 446: CONSTRUCTION OF STATUTES

§ 446.110Offenses committed and rights accruing prior to repeal of lawIn force

No new law shall be construed to repeal a former law as to any offense committed against a former law, nor as to any act done, or penalty, forfeiture or punishment incurred, or any right accrued or claim arising under the former law, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising before the new law takes effect, except that the proceedings thereafter had shall conform, so far as practicable, to the laws in force at the time of such proceedings. If any penalty, forfeiture or punishment is mitigated by any provision of the new law, such provision may, by the consent of the party affected, be applied to any judgment pronounced after the new law takes effect.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Cited in 58 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

St. Clair v. Commonwealth (Kentucky Supreme Court 2004, 140 S.W.3d 510)“…arole ("LWOP") became a sentencing option in capital cases. KRS 446.110 provides: "If any penalty, forfeiture o…”
Rodgers v. Commonwealth (Kentucky Supreme Court 2009, 285 S.W.3d 740)“…Only. As the parties correctly note, our savings statute, KRS 446.110, one of the oldest statutes carried for…”
Lawson v. Commonwealth (Kentucky Supreme Court 2001, 53 S.W.3d 534)“…monwealth v. Phon 40 and held that KRS 446.110 governs the retrospective application o…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Kentucky Revised Statutes, Chapter 510: SEXUAL OFFENSES

§ 510.020Lack of consentIn forcecited in 3 of our articles

(1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim. (2) Lack of consent results from: (a) Forcible compulsion; (b) Incapacity to consent; or (c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct. (3) A person is deemed incapable of consent when he or she is: (a) Less than sixteen (16) years old; (b) Sixteen (16) or seventeen (17) years old and the actor is at least ten (10) years older than the victim at the time of the sexual act; (c) An individual unable to communicate consent or lack of consent, or unable to understand the nature of the act or its consequences, due to an intellectual disability or a mental illness; (d) Mentally incapacitated; (e) Physically helpless; or (f) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

Talbott v. Commonwealth (Kentucky Supreme Court 1998, 968 S.W.2d 76)“…S [1] Although Christina had reached the age of consent, KRS 510.020(3)(a), and forcible compulsion apparent…”
Yates v. Commonwealth (Kentucky Supreme Court 2014, 430 S.W.3d 883)“…ent “by forcible compulsion.” KRS 510.040(l)(a); see also KRS 510.020(1) (stating lack of consent is an eleme…”
Cooper v. Commonwealth (Kentucky Supreme Court 1977, 550 S.W.2d 478)“…to instruct on the meaning of lack of consent as defined in KRS 510.020. Appellant argues that the sodom…”