Ky. Rev. Stat. » Chapter 436
Kentucky Revised Statutes

Ky. Rev. Stat. § 436.101 (2026)

Repealed, 1975

✓ current as of May 2026
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Catchline at repeal: Obscene matter, distribution, penalties, destruction. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Created 1966 Ky. Acts ch. 40, secs. 1 to 9.

Notes of Decisions
Cited in 15 cases, 1968–1985 · leading case: Roaden v. Kentucky, 413 U.S. 496 (1973).
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Roaden v. Kentucky, 413 U.S. 496 (1973). · cites it 8× “[1] The sheriff, at the conclusion of the film, proceeded to the projection booth, where he arrested petitioner, the manager of the theater, on the charge of exhibiting an obscene film to the public contrary to Ky. Rev. Stat. § 436.101 (1973). [2] Concurrent with the arrest, the…”
Cambist Films, Inc. v. Tribell, 293 F. Supp. 407 (E.D. Ky. 1968). · cites it 7× “In view of the fact that this definition was approved in Roth , it is inconceivable to this court that the Kentucky Court of Appeals would construe “obscene” in KRS 436.101 as including material with any social value.”
Hall v. Commonwealth Ex Rel. Schroering, 505 S.W.2d 166 (Ky. Ct. App. 1974). · cites it 11× “Prior to the institution of the action for injunction, Hall and Mohney were arrested on various occasions for violating KRS 436.101 and KRS 436.090 (obscenity statutes).”
Cain v. Commonwealth, 437 S.W.2d 769 (Ky. Ct. App. 1969). · cites it 3× “KRS 436.101 makes it unlawful for any person to knowingly send or cause to be sent for the purpose of sale or distribution in this state, or to distribute in this state, or to possess for the purpose of distribution, or to exhibit any obscene matter.”
Smith v. Commonwealth, 465 S.W.2d 918 (Ky. Ct. App. 1971). · cites it 5× “A jury found appellant guilty of knowingly distributing obscene matter, as denounced by KRS 436.101, and fixed the punishment at a fine of $1,000.”
Keene v. Commonwealth, 516 S.W.2d 852 (Ky. Ct. App. 1974). · cites it 3× “Appellant, Armón Allen Keene, assistant manager of a motion picture theater in Louisville, Kentucky, was convicted by a jury of exhibiting an obscene motion picture in violation of KRS 436.101. The jury fixed his punishment at confinement in the county jail for six months and a…”
United Artists Corp. v. Harris, 363 F. Supp. 857 (W.D. Okla. 1973). · cites it 12× “1968) a three-judge Federal Court in treating with this same matter held: "The plaintiff contends that KRS 436.101 is unconstitutional in that it defines obscenity in terms more inconclusive than permitted by the standards established by the Supreme Court.”
Hayes v. Commonwealth, 470 S.W.2d 601 (Ky. Ct. App. 1971). · cites it 4× “The appellant was charged with sale and distribution of obscene literature in violation of KRS 436.101. The indictment was •in four counts, charging: (1) sale of a magazine called “Puma,” Volume 1, No.”
Roaden v. Commonwealth, 473 S.W.2d 814 (Ky. Ct. App. 1971). · cites it 2× “’ ” The indictment noted KRS 436.101 as its statutory basis. The statute itself requires that the element of scienter be shown.”
Marks v. City of Newport, Kentucky, 344 F. Supp. 675 (E.D. Ky. 1972). “00 conditioned that such applicant shall not possess therein for sale or sell any pictorial or printed matter proscribed by KRS 436.101, and such applicant for such license shall be deemed by the issuance and acceptance thereof to permit inspection without charge of the premises…”
Basham v. Commonwealth, 703 S.W.2d 480 (Ky. Ct. App. 1985). “The indictment, as drawn, was sufficient to furnish adequate notice of the offense charged.”
Crecelius v. Commonwealth, 502 S.W.2d 89 (Ky. Ct. App. 1973). “Therefore, in the Roaden case the Supreme Court held that an officer could not validly seize the film then being exhibited in a commercial theater without a constitutionally sufficient warrant even though the seizure was incident to an arrest of the exhibitor for violation of…”
Show all 15 citing cases →
— Ky. Rev. Stat. § 436.101(1) — 2 cases
Cambist Films, Inc. v. Tribell, 293 F. Supp. 407 (E.D. Ky. 1968). “In view of the fact that this definition was approved in Roth , it is inconceivable to this court that the Kentucky Court of Appeals would construe “obscene” in KRS 436.101 as including material with any social value.”
United Artists Corp. v. Harris, 363 F. Supp. 857 (W.D. Okla. 1973). “1968) a three-judge Federal Court in treating with this same matter held: "The plaintiff contends that KRS 436.101 is unconstitutional in that it defines obscenity in terms more inconclusive than permitted by the standards established by the Supreme Court.”
— Ky. Rev. Stat. § 436.101(1)(c) — 1 case
United Artists Corp. v. Harris, 363 F. Supp. 857 (W.D. Okla. 1973). “1968) a three-judge Federal Court in treating with this same matter held: "The plaintiff contends that KRS 436.101 is unconstitutional in that it defines obscenity in terms more inconclusive than permitted by the standards established by the Supreme Court.”
— Ky. Rev. Stat. § 436.101(2) — 2 cases
Roaden v. Commonwealth, 473 S.W.2d 814 (Ky. Ct. App. 1971). “’ ” The indictment noted KRS 436.101 as its statutory basis. The statute itself requires that the element of scienter be shown.”
W. Corp. v. Commonwealth, 558 S.W.2d 605 (Ky. 1977).
— Ky. Rev. Stat. § 436.101(7) — 2 cases
Cambist Films, Inc. v. Tribell, 293 F. Supp. 407 (E.D. Ky. 1968). “In view of the fact that this definition was approved in Roth , it is inconceivable to this court that the Kentucky Court of Appeals would construe “obscene” in KRS 436.101 as including material with any social value.”
United Artists Corp. v. Harris, 363 F. Supp. 857 (W.D. Okla. 1973). “1968) a three-judge Federal Court in treating with this same matter held: "The plaintiff contends that KRS 436.101 is unconstitutional in that it defines obscenity in terms more inconclusive than permitted by the standards established by the Supreme Court.”
— Ky. Rev. Stat. § 436.101(8) — 1 case
Smith v. Commonwealth, 465 S.W.2d 918 (Ky. Ct. App. 1971). “A jury found appellant guilty of knowingly distributing obscene matter, as denounced by KRS 436.101, and fixed the punishment at a fine of $1,000.”
— Ky. Rev. Stat. § 436.101(9) — 2 cases
Cambist Films, Inc. v. Tribell, 293 F. Supp. 407 (E.D. Ky. 1968). “In view of the fact that this definition was approved in Roth , it is inconceivable to this court that the Kentucky Court of Appeals would construe “obscene” in KRS 436.101 as including material with any social value.”
W. Corp. v. Commonwealth, 558 S.W.2d 605 (Ky. 1977).
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