(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.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 15, sec. 8, effective July 15, 2024. -- Amended
1986 Ky. Acts ch. 289, sec. 9, effective July 15, 1986. -- Created 1978 Ky. Acts ch.
219, sec. 4, effective June 17, 1978.
Notes of Decisions
Cited in
22
cases (
10 in the last 5 years), 1982–2026 · leading case:
Clark v. Commonwealth, 267 S.W.3d 668 (Ky. 2008).
Clark v. Commonwealth, 267 S.W.3d 668 (Ky. 2008).
· cites it 14× “310, and promotion of a sexual performance by a minor, KRS 531.320, arise from the same course of conduct and therefore violate double jeopardy.”
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004).
· cites it 10× “Appellant, Jerel Purcell, photographed a nude male child under the age of sixteen, and was subsequently convicted by a Fleming Circuit Court jury of promoting a sexual performance by a minor, KRS 531.320, and sentenced to ten years in prison.”
New York v. Ferber, 458 U.S. 747 (1982).
· cites it 2× “1981); Ky. Rev. Stat. §§ 531.320, 531.340-531.360 (Supp.”
Little v. Commonwealth, 272 S.W.3d 180 (Ky. 2009).
· cites it 5× “And, in effect, under the facts in question, the promotion statute, KRS 531.320 prohibits the same conduct, (emphasis added).”
David Jones v. Clark Cty., Ky., 959 F.3d 748 (6th Cir. 2020).
“Ky. Rev. Stat. § 531.320. “A person is guilty of promoting sexual performance by a minor when knowing the character and content thereof, he produces, directs or promotes any performance which includes sexual conduct by a minor.”
Benet v. Commonwealth, 253 S.W.3d 528 (Ky. 2008).
“310; (f) Promoting a sexual performance by a minor as described in KRS 531.320; (g) Unlawful transaction with a minor in the first degree as described in KRS 530.”
Mattingly v. Commonwealth, 878 S.W.2d 797 (Ky. Ct. App. 1993).
· cites it 3× “,” in violation of KRS 531.320. Because the minor was less than 16 years old at the time of the alleged performance, the charge was a Class B felony.”
Moffitt v. Commonwealth, 360 S.W.3d 247 (Ky. Ct. App. 2012).
“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.”
Hamilton-Smith v. Commonwealth, 285 S.W.3d 307 (Ky. Ct. App. 2009).
“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.”
Seymour v. Colebank, 179 S.W.3d 886 (Ky. Ct. App. 2005).
“However, the good time shall not be credited to the sex offender’s sentence. Upon the successful completion of the sex offender treatment program, as determined by the program director, the offender shall be eligible for all good time earned but not otherwise forfeited under…”
Timothy Watkins v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
· cites it 2× “Appellant was charged with promoting a sexual performance of a minor, KRS 531.320, and the distribution of matter portraying a sexual performance by a minor, KRS 531.”
— Ky. Rev. Stat. § 531.320(1) — 4 cases
Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004).
“Appellant, Jerel Purcell, photographed a nude male child under the age of sixteen, and was subsequently convicted by a Fleming Circuit Court jury of promoting a sexual performance by a minor, KRS 531.320, and sentenced to ten years in prison.”
Timothy Watkins v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
“Appellant was charged with promoting a sexual performance of a minor, KRS 531.320, and the distribution of matter portraying a sexual performance by a minor, KRS 531.”
— Ky. Rev. Stat. § 531.320(2)(b) — 2 cases
Clark v. Commonwealth, 267 S.W.3d 668 (Ky. 2008).
“310, and promotion of a sexual performance by a minor, KRS 531.320, arise from the same course of conduct and therefore violate double jeopardy.”
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.