Ky. Rev. Stat. » Chapter 531
Kentucky Revised Statutes

Ky. Rev. Stat. § 531.300 (2026)

Definitions for KRS 531.080 and 531.300 to 531.370

✓ current as of May 2026
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As used in KRS 531.080 and 531.300 to 531.370: (1) "Obscene" means the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving minors; (2) "Performance" means any play, motion picture, photograph, dance, or any other visual representation or computer-generated image exhibited before an audience; (3) "Promote" means to prepare, publish, print, procure, or manufacture, or to offer or agree to do the same; (4) "Sexual conduct by a minor" means: (a) Acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviate sexual intercourse, actual or simulated; (b) Physical contact with, or willful or intentional exhibition of the genitals; (c) Flagellation or excretion for the purpose of sexual stimulation or gratification; or (d) The exposure, in an obscene manner, of the unclothed or apparently unclothed human male or female genitals, pubic area or buttocks, or the female breast, whether or not subsequently obscured by a mark placed thereon, or otherwise altered, in any resulting motion picture, photograph, computer-generated image, or other visual representation, exclusive of exposure portrayed in matter of a private, family nature not intended for distribution outside the family; (5) "Sexual performance" means any performance or part thereof which includes sexual conduct by a minor; and (6) "Traffic" means to manufacture, distribute, sell, transfer, or possess with intent to manufacture, distribute, sell, or transfer. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 15, sec. 3, effective July 15, 2024. -- Amended 2009 Ky. Acts ch. 100, sec. 4, effective June 25, 2009. -- Amended 1986 Ky. Acts ch. 439, sec. 6, effective July 15, 1986. -- Created 1978 Ky. Acts ch. 219, sec. 2, effective June 17, 1978.

Notes of Decisions
Cited in 27 cases (6 in the last 5 years), 1981–2025 · leading case: Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004).
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Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). · cites it 64× “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981). · cites it 8× “310), as interpreted through its definitional counterpart (KRS 531.300), violates the First and Fourteenth Amendments to the United States Constitution and Sections Eight and Eleven of the Kentucky Constitution as being vague and overbroad.”
Williams v. Commonwealth, 178 S.W.3d 491 (Ky. 2005). · cites it 5× “310(1) provides that “[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.” A “sexual performance” is defined as “any performance or part thereof which includes sexual…”
Gilbert v. Commonwealth, 838 S.W.2d 376 (Ky. 1991). · cites it 8× “310 are assigned statutory definitions in KRS 531.300. We have yet to confront what the General Assembly means by a "sexual performance.”
Clark v. Commonwealth, 267 S.W.3d 668 (Ky. 2008). · cites it 3× “Commonwealth, we recognized that KRS 531.300(5) defined performance (within the context of the “use” statute) as “not only a play, motion picture, photograph or dance, but also ‘any other visual representation’ exhibited before an ‘audience.”
United States v. Moon, 73 M.J. 382 (C.A.A.F. 2014). · cites it 2× “§ 21-5510 (d)(1) (West 2014) (defining “sexually explicit conduct” to include “lewd exhibition of the genitals, female breasts, or pubic area of any person”); Ky. Rev. Stat. Ann. § 531.300 (4)(d) (West 2014) (defining “[s]exual conduct by a minor” to include the “exposure, in an…”
Woodard v. Commonwealth, 219 S.W.3d 723 (Ky. 2007). · cites it 3× “They reason that they could not participate and also be an “audience” within the meaning of KRS 531.300(4) — (6) and 531.310(1) and (2)(b), which state as follows: KRS 531.”
David Jones v. Clark Cty., Ky., 959 F.3d 748 (6th Cir. 2020). “” Ky. Rev. Stat. § 531.300(7). And under Kentucky law the “statute is violated when one either actively or passively prepares, agrees, or brings forth through their efforts the visual representation of a minor in a sexual performance before an audience.”
Logston v. Commonwealth, 973 S.W.2d 70 (Ky. Ct. App. 1998). · cites it 16× “” And, we conclude that the videotape at issue herein depicts the victim in a manner that “the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving a minor.”
Baker v. Commonwealth, 103 S.W.3d 90 (Ky. 2003). · cites it 4× “Although not presented to the trial court, Appellant also offers the novel theory that suppression was warranted because undeveloped film does not constitute a "photograph" within the context of KRS 531.300(5) [2] , and thus was not evidence of the crime for which he was charged.”
Alcorn v. Commonwealth, 910 S.W.2d 716 (Ky. Ct. App. 1995). · cites it 4× “KRS 531.300(5) defines “performance” as meaning: .”
Mattingly v. Commonwealth, 878 S.W.2d 797 (Ky. Ct. App. 1993). · cites it 3× “-310 is unconstitutionally vague because the definition of the word “obscene” set out in KRS 531.300 contains the word “prurient” and does not further define that word.”
Show all 27 citing cases →
— Ky. Rev. Stat. § 531.300(1) — 1 case
Robert Geary v. Commonwealth of Kentucky (Ky. 2025).
— Ky. Rev. Stat. § 531.300(1)(a) — 1 case
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
— Ky. Rev. Stat. § 531.300(1)(c) — 1 case
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
— Ky. Rev. Stat. § 531.300(2) — 6 cases
Hause v. Commonwealth, 83 S.W.3d 1 (Ky. Ct. App. 2001).
Logston v. Commonwealth, 973 S.W.2d 70 (Ky. Ct. App. 1998). “” And, we conclude that the videotape at issue herein depicts the victim in a manner that “the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving a minor.”
Timothy Watkins v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
Declan J McAuley v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
Robert Geary v. Commonwealth of Kentucky (Ky. 2025).
— Ky. Rev. Stat. § 531.300(3) — 7 cases
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
Mattingly v. Commonwealth, 878 S.W.2d 797 (Ky. Ct. App. 1993). “-310 is unconstitutionally vague because the definition of the word “obscene” set out in KRS 531.300 contains the word “prurient” and does not further define that word.”
Logston v. Commonwealth, 973 S.W.2d 70 (Ky. Ct. App. 1998). “” And, we conclude that the videotape at issue herein depicts the victim in a manner that “the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving a minor.”
Bach v. Commonwealth, 703 S.W.2d 489 (Ky. Ct. App. 1985).
Robert Geary v. Commonwealth of Kentucky (Ky. 2025).
— Ky. Rev. Stat. § 531.300(3)(a) — 1 case
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981). “310), as interpreted through its definitional counterpart (KRS 531.300), violates the First and Fourteenth Amendments to the United States Constitution and Sections Eight and Eleven of the Kentucky Constitution as being vague and overbroad.”
— Ky. Rev. Stat. § 531.300(3)(b) — 2 cases
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981). “310), as interpreted through its definitional counterpart (KRS 531.300), violates the First and Fourteenth Amendments to the United States Constitution and Sections Eight and Eleven of the Kentucky Constitution as being vague and overbroad.”
— Ky. Rev. Stat. § 531.300(4) — 8 cases
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
Gilbert v. Commonwealth, 838 S.W.2d 376 (Ky. 1991). “310 are assigned statutory definitions in KRS 531.300. We have yet to confront what the General Assembly means by a "sexual performance.”
Woodard v. Commonwealth, 219 S.W.3d 723 (Ky. 2007). “They reason that they could not participate and also be an “audience” within the meaning of KRS 531.300(4) — (6) and 531.310(1) and (2)(b), which state as follows: KRS 531.”
Mattingly v. Commonwealth, 878 S.W.2d 797 (Ky. Ct. App. 1993). “-310 is unconstitutionally vague because the definition of the word “obscene” set out in KRS 531.300 contains the word “prurient” and does not further define that word.”
Logston v. Commonwealth, 973 S.W.2d 70 (Ky. Ct. App. 1998). “” And, we conclude that the videotape at issue herein depicts the victim in a manner that “the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving a minor.”
— Ky. Rev. Stat. § 531.300(4)(a) — 4 cases
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
Bach v. Commonwealth, 703 S.W.2d 489 (Ky. Ct. App. 1985).
Declan J McAuley v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
Jenkins v. Commonwealth, 275 S.W.3d 226 (Ky. Ct. App. 2008).
— Ky. Rev. Stat. § 531.300(4)(b) — 6 cases
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981). “310), as interpreted through its definitional counterpart (KRS 531.300), violates the First and Fourteenth Amendments to the United States Constitution and Sections Eight and Eleven of the Kentucky Constitution as being vague and overbroad.”
Logston v. Commonwealth, 973 S.W.2d 70 (Ky. Ct. App. 1998). “” And, we conclude that the videotape at issue herein depicts the victim in a manner that “the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving a minor.”
Bach v. Commonwealth, 703 S.W.2d 489 (Ky. Ct. App. 1985).
Jenkins v. Commonwealth, 275 S.W.3d 226 (Ky. Ct. App. 2008).
— Ky. Rev. Stat. § 531.300(4)(d) — 9 cases
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
United States v. Moon, 73 M.J. 382 (C.A.A.F. 2014). “§ 21-5510 (d)(1) (West 2014) (defining “sexually explicit conduct” to include “lewd exhibition of the genitals, female breasts, or pubic area of any person”); Ky. Rev. Stat. Ann. § 531.300 (4)(d) (West 2014) (defining “[s]exual conduct by a minor” to include the “exposure, in an…”
Gilbert v. Commonwealth, 838 S.W.2d 376 (Ky. 1991). “310 are assigned statutory definitions in KRS 531.300. We have yet to confront what the General Assembly means by a "sexual performance.”
Williams v. Commonwealth, 178 S.W.3d 491 (Ky. 2005). “310(1) provides that “[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.” A “sexual performance” is defined as “any performance or part thereof which includes sexual…”
Logston v. Commonwealth, 973 S.W.2d 70 (Ky. Ct. App. 1998). “” And, we conclude that the videotape at issue herein depicts the victim in a manner that “the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving a minor.”
— Ky. Rev. Stat. § 531.300(4Xa) — 1 case
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981). “310), as interpreted through its definitional counterpart (KRS 531.300), violates the First and Fourteenth Amendments to the United States Constitution and Sections Eight and Eleven of the Kentucky Constitution as being vague and overbroad.”
— Ky. Rev. Stat. § 531.300(5) — 12 cases
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
Clark v. Commonwealth, 267 S.W.3d 668 (Ky. 2008). “Commonwealth, we recognized that KRS 531.300(5) defined performance (within the context of the “use” statute) as “not only a play, motion picture, photograph or dance, but also ‘any other visual representation’ exhibited before an ‘audience.”
Williams v. Commonwealth, 178 S.W.3d 491 (Ky. 2005). “310(1) provides that “[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.” A “sexual performance” is defined as “any performance or part thereof which includes sexual…”
Baker v. Commonwealth, 103 S.W.3d 90 (Ky. 2003). “Although not presented to the trial court, Appellant also offers the novel theory that suppression was warranted because undeveloped film does not constitute a "photograph" within the context of KRS 531.300(5) [2] , and thus was not evidence of the crime for which he was charged.”
Derek Early v. Commonwealth of Kentucky, 470 S.W.3d 729 (Ky. 2015).
— Ky. Rev. Stat. § 531.300(6) — 11 cases
Gilbert v. Commonwealth, 838 S.W.2d 376 (Ky. 1991). “310 are assigned statutory definitions in KRS 531.300. We have yet to confront what the General Assembly means by a "sexual performance.”
Williams v. Commonwealth, 178 S.W.3d 491 (Ky. 2005). “310(1) provides that “[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.” A “sexual performance” is defined as “any performance or part thereof which includes sexual…”
Alcorn v. Commonwealth, 910 S.W.2d 716 (Ky. Ct. App. 1995). “KRS 531.300(5) defines “performance” as meaning: .”
Allen v. Commonwealth, 997 S.W.2d 483 (Ky. Ct. App. 1998).
Logston v. Commonwealth, 973 S.W.2d 70 (Ky. Ct. App. 1998). “” And, we conclude that the videotape at issue herein depicts the victim in a manner that “the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving a minor.”
— Ky. Rev. Stat. § 531.300(7) — 3 cases
David Jones v. Clark Cty., Ky., 959 F.3d 748 (6th Cir. 2020). “” Ky. Rev. Stat. § 531.300(7). And under Kentucky law the “statute is violated when one either actively or passively prepares, agrees, or brings forth through their efforts the visual representation of a minor in a sexual performance before an audience.”
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
Clark v. Commonwealth, 267 S.W.3d 668 (Ky. 2008). “Commonwealth, we recognized that KRS 531.300(5) defined performance (within the context of the “use” statute) as “not only a play, motion picture, photograph or dance, but also ‘any other visual representation’ exhibited before an ‘audience.”
— Ky. Rev. Stat. § 531.300(8) — 1 case
Logston v. Commonwealth, 973 S.W.2d 70 (Ky. Ct. App. 1998). “” And, we conclude that the videotape at issue herein depicts the victim in a manner that “the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving a minor.”
— Ky. Rev. Stat. § 531.300(9) — 1 case
Michelle Bray v. Commonwealth of Kentucky (Ky. 2025).
— Ky. Rev. Stat. § 531.300(l)(a) — 1 case
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
— Ky. Rev. Stat. § 531.300(l)(e) — 1 case
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). “310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.300 in accordance with Ferber and not to apply the Miller definition of "obscene.”
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