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

Ky. Rev. Stat. § 531.310 (2026)

Use of a minor in a sexual performance

✓ current as of May 2026
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(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. Effective: July 15, 1986 History: Amended 1986 Ky. Acts ch. 289, sec. 8, effective July 15, 1986. -- Created 1978 Ky. Acts ch. 219, sec. 3, effective June 17, 1978.

Notes of Decisions
Cited in 41 cases (9 in the last 5 years), 1981–2026 · leading case: Clark v. Commonwealth, 267 S.W.3d 668 (Ky. 2008).
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Clark v. Commonwealth, 267 S.W.3d 668 (Ky. 2008). · cites it 11× “Appellant next argues that his convictions for use of a minor in a sexual performance, KRS 531.310, and promotion of a sexual performance by a minor, KRS 531.”
Baker v. Commonwealth, 103 S.W.3d 90 (Ky. 2003). · cites it 32× “, and thus ignores the plain language of KRS 531.310 which simply does not require a "finished product" to be guilty of using a minor in a sexual performance.”
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981). · cites it 9× “110), and twenty counts of using a minor in a sexual performance (KRS 531.310). The acts giving rise to this indictment occurred during 1978 and 1979 and involved eleven juveniles and the appellant.”
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004). · cites it 4× “2d 70, 75 (1998), a case alleging a violation of KRS 531.310 (use of a minor in a sexual performance), the Commonwealth asked the Court of Appeals to construe KRS 531.”
Gilbert v. Commonwealth, 838 S.W.2d 376 (Ky. 1991). · cites it 8× “The defendants were convicted of nine counts of "use of a minor in a sexual performance," prohibited by KRS 531.310, which was enacted in 1986 as part of a new section on "Sexual Exploitation of Minors" (KRS 531.”
Williams v. Commonwealth, 178 S.W.3d 491 (Ky. 2005). · cites it 3× “” The singular form of “photograph” read in conjunction with the term “any” clearly indicates that the Legislature intended prosecution for each differing photograph. Accordingly, a person who generates differing and multiple prohibited photographs or causes a child to engage in…”
Little v. Commonwealth, 272 S.W.3d 180 (Ky. 2009). · cites it 4× “Thus, the rule prescribed in Blockburger is not implicated, and no double jeopardy violation occurred when Little was convicted under both KRS 531.310 and KRS 531.320. Blockburger, 284 U.”
Ratliff v. Commonwealth, 194 S.W.3d 258 (Ky. 2006). “commits multiple offenses [sic] of KRS 531.310 [use of a minor in a sexual performance], even though each such differing photograph involves the same subject captured in a narrow timeframe.”
Mattingly v. Commonwealth, 878 S.W.2d 797 (Ky. Ct. App. 1993). · cites it 5× “The appellants argue that KRS 531.310 and 531.320 are unconstitutionally vague and overbroad because they do not fairly warn what conduct is proscribed and they can be interpreted as proscribing the depiction of simple nudity.”
Quisenberry v. Commonwealth, 336 S.W.3d 19 (Ky. 2011). “2005) (“[A] person who generates differing and multiple prohibited photographs or causes a child to engage in the creation of such photographs commits multiple offenses (sic) of KRS 531.310, even though each such differing photograph involves the *42 same subject captured in a…”
Outmezguine v. State, 641 A.2d 870 (Md. 1994). · cites it 2× “§ 35-42-4-4 (Burns 1994); Ky. Rev. Stat. Ann. §§ 531.310 , 531.320, 531.”
Benet v. Commonwealth, 253 S.W.3d 528 (Ky. 2008). “means any person who has been convicted of or pled guilty to the commission of: (a) A capital offense; (b) A Class A felony; (c) A Class B felony involving the death of the victim or serious physical injury to a victim; (d) The commission or attempted commission of a felony…”
Show all 41 citing cases →
— Ky. Rev. Stat. § 531.310(1) — 10 cases
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981). “110), and twenty counts of using a minor in a sexual performance (KRS 531.310). The acts giving rise to this indictment occurred during 1978 and 1979 and involved eleven juveniles and the appellant.”
Clark v. Commonwealth, 267 S.W.3d 668 (Ky. 2008). “Appellant next argues that his convictions for use of a minor in a sexual performance, KRS 531.310, and promotion of a sexual performance by a minor, KRS 531.”
Williams v. Commonwealth, 178 S.W.3d 491 (Ky. 2005). “” The singular form of “photograph” read in conjunction with the term “any” clearly indicates that the Legislature intended prosecution for each differing photograph. Accordingly, a person who generates differing and multiple prohibited photographs or causes a child to engage in…”
Little v. Commonwealth, 272 S.W.3d 180 (Ky. 2009). “Thus, the rule prescribed in Blockburger is not implicated, and no double jeopardy violation occurred when Little was convicted under both KRS 531.310 and KRS 531.320. Blockburger, 284 U.”
Alcorn v. Commonwealth, 910 S.W.2d 716 (Ky. Ct. App. 1995).
— Ky. Rev. Stat. § 531.310(2) — 1 case
Michael S. Montgomery v. Commonwealth of Kentucky (Ky. 2025).
— Ky. Rev. Stat. § 531.310(2)(a) — 1 case
Marlon Renay Jackson v. Commonwealth of Kentucky (Ky. Ct. App. 2026).
— Ky. Rev. Stat. § 531.310(2)(b) — 2 cases
Clark v. Commonwealth, 267 S.W.3d 668 (Ky. 2008). “Appellant next argues that his convictions for use of a minor in a sexual performance, KRS 531.310, and promotion of a sexual performance by a minor, KRS 531.”
Timothy Robinson v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
— Ky. Rev. Stat. § 531.310(5) — 1 case
Baker v. Commonwealth, 103 S.W.3d 90 (Ky. 2003). “, and thus ignores the plain language of KRS 531.310 which simply does not require a "finished product" to be guilty of using a minor in a sexual performance.”
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