Ky. Rev. Stat. § 531.090

Voyeurism

Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(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. Enters or remains unlawfully in or upon the premises of another 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 the person's consent; and (b) The other person is in a place where a reasonable person would believe that his or her sexual conduct, genitals, undergarments, or nipple of the female breast will not be observed, viewed, photographed, filmed, or videotaped without his or her knowledge. (2) The provisions of subsection (1) of this section shall not apply to: (a) A law enforcement officer during a lawful criminal investigation; or (b) An employee of the Department of Corrections, the Department of Juvenile Justice, a private prison, a local jail, or a local correctional facility whose actions have been authorized for security or investigative purposes. (3) Unless objected to by the victim or victims of voyeurism, the court on its own motion or on motion of the Commonwealth's attorney shall: (a) Order the sealing of all photographs, film, videotapes, or other images that are introduced into evidence during a prosecution under this section or are in the possession of law enforcement, the prosecution, or the court as the result of a prosecution under this section; and (b) At the conclusion of a prosecution under this section, unless required for additional prosecutions, order the destruction of all of the photographs, film, videotapes, or other images that are in possession of law enforcement, the prosecution, or the court. (4) Voyeurism is a Class A misdemeanor. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 72, sec. 1, effective July 15, 2014. -- Created 2002 Ky. Acts ch. 336, sec. 1, effective July 15, 2002.

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 1992–2026 · leading case: Williams v. Commonwealth

Sort: Relevance Newest Treatment

Williams v. Commonwealth (2005) ky · cites it 3× “In 2002, the Kentucky legislature enacted a new statute, KRS 531.090, for the offense of voyeurism.”

Morgan v. Commonwealth (2006) ky · cites it 2× “[44] In comparison, KRS 531.090(1) provides, in pertinent part, that a person is guilty of voyeurism when: (a) He or she intentionally: .”

United States v. Dennis Hodge (2015) ca6 “Kentucky’s “voyeurism” statute, Ky. Rev. Stat. § 531.090, makes it a Class A misdemeanor when a person intentionally uses any video or image recording device for the purpose of observing, viewing, photographing, filming, or videotaping the sexual conduct, genitals, an…”

Commonwealth v. Mixon (1992) ky “Earlier cases, arising under the former habitual criminal act, KRS 531.090, required authenticated records of foreign jurisdictions to show previous convictions.”

United States v. Cadet MARK R. CONLIFFE (2007) acca “” Ky.Rev.Stat. Ann § 531.090 (LexisNexis 2006).”

James Maxie v. Brian Laird et al. (2026) kywd · cites it 2× “Ky. Rev. Stat. § 531.090. Defendant Cupp knew from Ms.”

Steele v. Commonwealth (2019) kyctapp “100, and voyeurism pursuant to KRS 531.090. The indictment charged that on December 30, 2012, Steele knowingly had in his possession or control matter that visually depicted an actual sexual performance by a minor and had knowledge of the content of this matter.”

Davon Burke 162305 v. Kenton County Fiscal Court (2024) kyctapp “However, the discretionary decision to monitor the video visitation by any jail personnel is not “voyeuristic” because KRS 531.090(2)(b) specifically excludes jail personnel: (2) The provisions of subsection (1) of this section shall not apply to: .”

United States v. Watkins (2026) ca10 “7;2 Ky. Rev. Stat. Ann.§ 531.090;2,3 La. Stat.”

— Ky. Rev. Stat. § 531.090(1) — 1 case

Morgan v. Commonwealth (2006) ky “[44] In comparison, KRS 531.090(1) provides, in pertinent part, that a person is guilty of voyeurism when: (a) He or she intentionally: .”

— Ky. Rev. Stat. § 531.090(2)(b) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.