Kentucky Revised Statutes

Ky. Rev. Stat. § 531.340 (2026)

Distribution of matter portraying a sexual performance by a minor

✓ current as of May 2026

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(1) A person is guilty of distribution of matter portraying a sexual performance by a minor when, having knowledge of its content and character, he or she: (a) Sends or causes to be sent into this state for sale or distribution; (b) Brings or causes to be brought into this state for sale or distribution; or (c) In this state: 1. Exhibits for profit or gain; 2. Distributes; 3. Offers to distribute; or 4. Has in his or her possession with intent to distribute, exhibit for profit or gain or offer to distribute; any matter portraying a sexual performance by a minor or computer-generated image of a minor. (2) Any person who has in his or her possession more than one (1) unit of matter, as defined in KRS 531.010, shall be rebuttably presumed to have that matter in his or her possession with the intent to distribute it. (3) Distribution of matter portraying a sexual performance by a minor is: (a) A Class C 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 B felony if the person knows that the minor or computer-generated image of a minor portrayed is less than twelve (12) years old at the time of the sexual performance. (4) Any person convicted under this section shall not be released on probation or parole until he or she has served at least eighty-five percent (85%) of the sentence imposed. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 15, sec. 11, effective July 15, 2024; and ch. 106, sec. 9, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 87, sec. 2, effective June 29, 2021. -- Amended 2006 Ky. Acts ch. 182, sec. 40, effective July 12, 2006. - - Amended 1992 Ky. Acts ch. 201, sec. 2, effective July 14, 1992. -- Created 1978 Ky. Acts ch. 219, sec. 6, effective June 17, 1978. Legislative Research Commission Note (7/15/2024). This statute was amended by 2024 Ky. Acts chs. 15 and 106, which do not appear to be in conflict and have been codified together.

Notes of Decisions

Cited in 10 cases (8 in the last 5 years), 2001–2025 · leading case: Hause v. Commonwealth, 83 S.W.3d 1 (Ky. Ct. App. 2001).

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Hause v. Commonwealth, 83 S.W.3d 1 (Ky. Ct. App. 2001). · cites it 11× “330 and KRS 531.340 unconstitutionally overbroad; (2) the court erred in failing to declare KRS 531.”

Peterson v. Commonwealth, 160 S.W.3d 730 (Ky. 2005). · cites it 6× “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.”

Commonwealth of Kentucky v. Samuel Daughtery (Ky. 2021). · cites it 4× “8 Significantly, a conviction under KRS 531.340 for distributing matter portraying a sexual performance by a minor is not designated as a sex offense but as a crime against a minor.”

Bennett D. Couch v. Commonwealth of Kentucky (Ky. 2024). · cites it 4× “330 and KRS 531.340 is unconstitutional. The record does not show that Couch provided the Attorney General with the required notice under KRS 418.”

Commonwealth of Kentucky v. Ricky D. Ullman, Jr. (Ky. 2024). · cites it 4× “]” Ullman’s convictions for distribution of matter portraying a sexual performance by a minor, KRS 531.340, is not included in KRS 17.500’s definition of a “sex crime.”

Jose Montoya Velazquez v. Commonwealth of Kentucky (Ky. Ct. App. 2025). · cites it 3× “) However, Velazquez argues that KRS 531.340 required the Commonwealth to prove that he uploaded the videos in Kentucky.”

Timothy Watkins v. Commonwealth of Kentucky (Ky. Ct. App. 2024). · cites it 2× “320, and the distribution of matter portraying a sexual performance by a minor, KRS 531.340. He claims that because these -9- charges arose out of the same course of conduct, he was subject to double jeopardy.”

Dayton Jones v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “4 KRS 531.340, a Class D felony. 5 KRS 510.”

Commonwealth of Kentucky v. Ricky D. Ullman, Jr. (Ky. Ct. App. 2022). “He argued that he was sentenced illegally because his convictions under KRS 531.340 were not included in the definition of sex -3- crimes under KRS 17.”

Michael Dumas v. Commonwealth of Kentucky (Ky. Ct. App. 2023). “Neither KRS 531.340 nor KRS 531.335 permit five-year conditional discharge time after release from prison.”

— Ky. Rev. Stat. § 531.340(2) — 1 case

Commonwealth of Kentucky v. Ricky D. Ullman, Jr. (Ky. 2024). “]” Ullman’s convictions for distribution of matter portraying a sexual performance by a minor, KRS 531.340, is not included in KRS 17.500’s definition of a “sex crime.”

— Ky. Rev. Stat. § 531.340(3)(a) — 1 case

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