minor -- Applicability.
(1) A person is guilty of possession or viewing of matter portraying a sexual
performance by a minor when, having knowledge of its content, character, and that
the sexual performance is by a minor, he or she:
(a) Knowingly has in his or her possession or control any matter which visually
depicts an actual sexual performance by a minor person or computer-
generated image of a minor person; or
(b) Intentionally views any matter which visually depicts an actual sexual
performance by a minor person or computer-generated image of a minor
person.
(2) The provisions of subsection (1)(b) of this section:
(a) Shall only apply to the deliberate, purposeful, and voluntary viewing of matter
depicting sexual conduct by a minor person or computer-generated image of a
minor person and not to the accidental or inadvertent viewing of such matter;
(b) Shall not apply to persons viewing the matter in the course of a law
enforcement investigation or criminal or civil litigation involving the matter;
and
(c) Shall not apply to viewing the matter by a minor or the minor's parents or
guardians, or to school administrators investigating violations of subsection
(1)(b) of this section.
(3) Possession or viewing of matter portraying a sexual performance by a minor is:
(a) A Class D felony if the person knows that the minor or computer-generated
image of a minor portrayed is less than eighteen (18) years old at the time of
the sexual performance; and
(b) A Class C felony if the person knows that the minor or computer-generated
image of a minor person portrayed is less than twelve (12) years old at the
time of the sexual performance.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 15, sec. 10, effective July 15, 2024. -- Amended
2021 Ky. Acts ch. 87, sec. 1, effective June 29, 2021. -- Amended 2013 Ky. Acts ch.
41, sec. 5, effective June 25, 2013. -- Amended 2006 Ky. Acts ch. 182, sec. 39,
effective July 12, 2006. -- Created 1992 Ky. Acts ch. 201, sec. 1, effective July 14,
1992.
Notes of Decisions
Cited in
27
cases (
15 in the last 5 years), 2003–2026 · leading case:
Marsh v. People, 389 P.3d 100 (Colo. 2017).
Marsh v. People, 389 P.3d 100 (Colo. 2017).
“§ 18-1507 (2)(a) (West 2016) (“[possesses or accesses”); Ky. Rev. Stat. Ann. § 531.335 (1) (West 2016) (“[kjnowingly has ha his or her possession or conteol” or “[ijntentionally views”); Me.”
Crabtree v. Commonwealth, 455 S.W.3d 390 (Ky. 2014).
· cites it 7× “Crabtree was indicted on 67 counts of possession of matter portraying a sexual performance by a minor (KRS 531.335), one count for each video and still image.”
Peterson v. Commonwealth, 160 S.W.3d 730 (Ky. 2005).
· cites it 4× “Appellant first raised this issue during pretrial motions, then later as part of a motion for a directed verdict, asking the trial court to declare unconstitutional the statutes relating to possession and distribution of matter portraying a sexual performance by a minor.”
Applegate v. Commonwealth, 577 S.W.3d 83 (Ky. Ct. App. 2018).
“For the foregoing reasons, the judgments of the Campbell Circuit Court are AFFIRMED IN PART and REVERSED IN PART.”
Baker v. Commonwealth, 103 S.W.3d 90 (Ky. 2003).
· cites it 2× “335(1), which reads as follows: A person is guilty of possession of matter portraying a sexual performance by a minor when, having knowledge of its content, character, and that the sexual performance is by a minor, he knowingly has in his possession or control any matter which…”
Hamilton-Smith v. Commonwealth, 285 S.W.3d 307 (Ky. Ct. App. 2009).
“On May 18, 2007, Hamilton-Smith filed a waiver of further proceedings and subsequently entered a guilty plea to one count of the KRS 531.335 violation. The guilty plea was accepted.”
Miller v. Commonwealth, 391 S.W.3d 857 (Ky. 2013).
“The indictment contained a specific date that was after a 2006 amendment to KRS 531.335 that increased possession of matter portraying a minor in a sexual performance from a misdemeanor to a felony.”
Michael Fields v. Commonwealth of Kentucky (Ky. 2021).
· cites it 12× “However, at the close of all evidence, Fields stated to the trial court that he was renewing his motion for directed verdict and argues that no fact finder could determine the “knowingly” element required by KRS 531.335 based on the sheer number of files that Fields had…”
Steele v. Commonwealth, 568 S.W.3d 387 (Ky. Ct. App. 2019).
· cites it 4× “KRS 531.335 sets for the elements of the felony of possession or viewing of matter portraying a sexual performance by a minor.”
Michael Dumas v. Commonwealth of Kentucky (Ky. Ct. App. 2023).
· cites it 4× “340 and three counts of possession of matter portraying a sexual performance by a minor in violation of KRS 531.335. A jury convicted Appellant of all charges, and the court entered a final judgment against Dumas on May 18, 2010.”
— Ky. Rev. Stat. § 531.335(1) — 5 cases
Baker v. Commonwealth, 103 S.W.3d 90 (Ky. 2003).
“335(1), which reads as follows: A person is guilty of possession of matter portraying a sexual performance by a minor when, having knowledge of its content, character, and that the sexual performance is by a minor, he knowingly has in his possession or control any matter which…”
Crabtree v. Commonwealth, 455 S.W.3d 390 (Ky. 2014).
“Crabtree was indicted on 67 counts of possession of matter portraying a sexual performance by a minor (KRS 531.335), one count for each video and still image.”
Michael Fields v. Commonwealth of Kentucky (Ky. 2021).
“However, at the close of all evidence, Fields stated to the trial court that he was renewing his motion for directed verdict and argues that no fact finder could determine the “knowingly” element required by KRS 531.335 based on the sheer number of files that Fields had…”
Steele v. Commonwealth, 568 S.W.3d 387 (Ky. Ct. App. 2019).
“KRS 531.335 sets for the elements of the felony of possession or viewing of matter portraying a sexual performance by a minor.”
— Ky. Rev. Stat. § 531.335(1)(a) — 2 cases
— Ky. Rev. Stat. § 531.335(2)(a) — 2 cases
Crabtree v. Commonwealth, 455 S.W.3d 390 (Ky. 2014).
“Crabtree was indicted on 67 counts of possession of matter portraying a sexual performance by a minor (KRS 531.335), one count for each video and still image.”
— Ky. Rev. Stat. § 531.335(2)(c) — 1 case
Crabtree v. Commonwealth, 455 S.W.3d 390 (Ky. 2014).
“Crabtree was indicted on 67 counts of possession of matter portraying a sexual performance by a minor (KRS 531.335), one count for each video and still image.”
— Ky. Rev. Stat. § 531.335(3) — 1 case
— Ky. Rev. Stat. § 531.335(3)(b) — 1 case
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