Kentucky
Kentucky Pornography Laws (2026): Obscenity and Age Verification
Independently fact-checked against primary sources (last audited August 20, 2026). · 9 primary sources cited on this page. How we verify our legal content
Adults may legally view and privately possess pornography in Kentucky. State law criminalizes distributing obscene material, not holding it for personal use, and Kentucky's age-verification law is structurally unlike every other state in this cluster: it bars the government from enforcing it at all and relies entirely on private lawsuits instead.
Is pornography legal to own in Kentucky?
Yes, for adults, and the line Kentucky draws is distribution, not possession. KRS 531.020, "Distribution of obscene matter," applies to a person who, with knowledge of its content and character, sends, brings, prepares, publishes, prints, exhibits, distributes, offers to distribute, or possesses with intent to distribute or exhibit obscene matter. Distribution of obscene matter is a Class B misdemeanor, unless the person possesses more than one unit of the material with that intent, in which case it becomes a Class A misdemeanor. Nothing in KRS chapter 531 reaches bare private possession of legal, obscene-but-not-CSAM material with no intent to distribute it.
Kentucky defines "obscene" in KRS 531.010: to the average person applying contemporary community standards, the predominant appeal of the matter, taken as a whole, is to prurient interest in sexual conduct; it depicts or describes that conduct in a patently offensive way; and, taken as a whole, it lacks serious literary, artistic, political, or scientific value. That is Kentucky's codification of the Miller v. California test. The same definitions section was amended as recently as 2024 to add "private erotic matter" and computer-generated image definitions used elsewhere in the chapter. Kentucky has no separate state production-licensing regime for adult content; the federal recordkeeping law, 18 U.S.C. 2257, is a federal requirement layered on top, not a Kentucky one.
Kentucky's age-verification law: private lawsuits only
Kentucky's age-verification framework, KRS 436.001 through 436.009, was created by House Bill 278 and took effect July 15, 2024. It applies to a "covered platform" that knowingly and intentionally publishes or distributes material on the internet where more than one-third of the content is matter harmful to minors, and requires that platform to verify a visitor's age, using a state or federal ID or a commercially reasonable transactional-data method, before granting access. A "minor" under the statute is defined as anyone under 18.
What makes Kentucky's law structurally different from every other state in this cluster is KRS 436.006: it expressly prohibits the Commonwealth, its political subdivisions, the attorney general, Commonwealth's and county attorneys, and any other state officer or employee from enforcing the law "directly or indirectly." Enforcement runs exclusively through private civil actions, which an individual (or a parent or guardian on behalf of an affected minor) can file in the county where the violation occurred, the county where the plaintiff lives, or Franklin Circuit Court, with the right to a jury trial on both liability and damages. A platform that fails to verify age faces $10,000 in statutory damages per instance under KRS 436.002, plus actual damages, court costs, and attorney's fees. A separate provision, KRS 436.004, bars a platform from retaining a visitor's identifying information after granting access, backed by its own $1,000-per-24-hour-period liability. The applicability section limits protected minors to Kentucky residents: permanent residents, those who have lived in the state more than a year, or those present at least 31 consecutive days.
Because there is no government office enforcing this law, its trajectory depends entirely on whether individuals sue. As of this writing, no lawsuit challenging KRS 436.001 to 436.009 has surfaced, but that is an unconfirmed absence rather than a confirmed clean record, since it rests on general searches and one tracker rather than a docket search. For how Kentucky's law compares with the rest of the country, see Recording Law's age-verification laws hub.
Minors: CSAM and harmful-to-minors dissemination
KRS 531.335, "Possession or viewing of matter portraying a sexual performance by a minor," is Kentucky's core CSAM statute, and it was amended again effective July 15, 2026. It now covers both knowingly possessing or controlling, and intentionally viewing, matter that visually depicts a sexual performance by a minor or by a computer-generated image of a minor; the viewing provision applies only to deliberate, purposeful, and voluntary viewing, not accidental exposure, and it exempts law enforcement investigations, litigation, viewing by the minor or the minor's parent or guardian, and school administrators investigating a violation. It is a Class D felony where the person portrayed is under 18, and a Class C felony where that person is under 12. As of the 2026 amendment, anyone convicted under this section cannot be released on probation or parole until serving at least 85% of the sentence imposed.
Disseminating obscene material specifically to a minor is a separate offense, KRS 531.030: a Class A misdemeanor, elevated to a Class D felony if the defendant has a prior conviction under that section or under KRS 531.020. Kentucky has its own sexting statute covering minors who share images of themselves or each other, addressed separately at Recording Law's Kentucky sexting laws page rather than repeated here.
Nonconsensual intimate images (revenge porn)
Kentucky's revenge-porn statute, KRS 531.120, "Distribution of sexually explicit images without consent," makes it a crime to intentionally distribute private erotic matter to a third party without the depicted person's written consent, done to profit, harm, harass, intimidate, threaten, or coerce them, where the disclosure would cause a reasonable person to suffer harm. It exempts voluntary public or commercial nudity, public-interest and law-enforcement disclosures, and internet service providers for content they did not create. It is a Class A misdemeanor for a first offense and a Class D felony for each later offense, or a Class D felony for a first offense and a Class C felony for later offenses if done for profit. Notably, the statute states that a conviction under it does not require the offender to register as a sex offender. Kentucky's civil remedy is narrower than it looks: KRS 411.215 does not create liability for the initial distribution; it instead makes a site liable for up to $1,000 per image per day if it fails to remove the image within a reasonable time after the depicted person asks. For the fuller nationwide comparison, including the federal Take It Down Act, see Recording Law's revenge-porn laws by state page.
Public indecency
Kentucky splits indecent exposure by the age of the person exposed to. KRS 510.150, indecent exposure in the second degree, covers intentionally exposing one's genitals knowing the conduct is likely to cause affront or alarm to a person 18 or older; it is always a Class B misdemeanor, with no escalation for repeat offenses. KRS 510.148, indecent exposure in the first degree, applies where the person alarmed is under 18, and it escalates with each offense committed within three years of the last: a Class B misdemeanor for a first offense, a Class A misdemeanor for a second, and a Class D felony for a third or any later offense.
Adult businesses
Kentucky does not have a confirmed, comprehensive state licensing chapter specifically for sexually oriented businesses. A citation sometimes seen for one, "KRS 231A," does not correspond to any current Kentucky Revised Statutes chapter; Kentucky Revised Statutes chapter 231, "Places of Entertainment," is a general local-permit regime for entertainment venues (covering permits, hours, and restrictions on certain film ratings) and is not written to target adult businesses specifically. In practice, regulation of adult businesses in Kentucky is handled through local zoning and licensing ordinances rather than a single statewide framework.
Penalties at a glance
| Offense | Statute | Penalty |
|---|---|---|
| Distribution of obscene matter (adult) | KRS 531.020 | Class B misdemeanor; Class A misdemeanor if more than one unit |
| Distribution of obscene matter to minors | KRS 531.030 | Class A misdemeanor; Class D felony with a prior conviction |
| Possession or viewing of CSAM | KRS 531.335 | Class D felony; Class C felony if victim under 12 |
| Indecent exposure, 1st degree (victim under 18) | KRS 510.148 | Class B misdemeanor to Class A to Class D felony (3rd+, within 3 years) |
| Indecent exposure, 2nd degree (victim 18+) | KRS 510.150 | Class B misdemeanor |
| Nonconsensual intimate image distribution | KRS 531.120 | Class A misdemeanor to Class D felony repeat; Class D to Class C felony if for profit |
| Age-verification failure (private suit only) | KRS 436.002 | $10,000 statutory damages per instance, plus actual damages and fees |
Practical risk to keep in mind
Kentucky's age-verification law is unusual in taking government enforcement off the table entirely: KRS 436.006 bars the attorney general and every other state office from enforcing it, so the law's practical reach depends on whether an individual is willing and able to sue. That also means there is no state investigatory arm building a compliance record the way there is in states with attorney-general enforcement. Separately, federal law layers on top of Kentucky's own rules regardless of what the state statute says: 18 U.S.C. 2257 recordkeeping is a federal requirement for content producers, not a Kentucky one. Viewing legal adult content on an employer-owned device or a monitored network can still carry workplace consequences even where the underlying conduct breaks no law.
This is general legal information, not legal advice. Consult an attorney for advice specific to your situation.
More Kentucky Laws
Frequently Asked Questions
Is it legal to own pornography in Kentucky?
Yes, for adults. KRS 531.020 criminalizes distributing obscene matter, or possessing more than one unit of it with intent to distribute, not simple private possession. No Kentucky statute reaches bare possession of legal, obscene-but-not-CSAM material for personal use.
What is Kentucky's age-verification law?
KRS 436.001 to 436.009, enacted as House Bill 278 and effective July 15, 2024, requires sites where more than one-third of the content is harmful to minors to verify a visitor is 18 or older. Unlike most states, it is enforced only through private lawsuits; a violation carries $10,000 in statutory damages per instance.
Can the Kentucky attorney general enforce the age-verification law?
No. KRS 436.006 expressly bars the Commonwealth, the attorney general, Commonwealth's and county attorneys, and every other state officer from enforcing KRS 436.001 to 436.009 directly or indirectly. The law is enforced exclusively through private civil lawsuits.
What are the penalties for distributing obscene material in Kentucky?
Distribution of obscene matter under KRS 531.020 is a Class B misdemeanor, rising to a Class A misdemeanor if the person possesses more than one unit of the material with intent to distribute it.
Is possessing child sexual abuse material a felony in Kentucky?
Yes. Under KRS 531.335, knowingly possessing or intentionally viewing matter portraying a sexual performance by a minor is a Class D felony, or a Class C felony if the minor is under 12. A 2026 amendment added coverage for computer-generated images and an 85% mandatory-minimum service requirement before parole eligibility.
Does Kentucky have a revenge porn law?
Yes. KRS 531.120 makes distributing sexually explicit images without consent a Class A misdemeanor for a first offense and a Class D felony for later offenses, or a Class D then Class C felony if done for profit. A conviction does not require sex-offender registration.
Is public nudity illegal in Kentucky?
Yes, though the penalty depends on who sees it. Exposing genitals in a way likely to cause affront to someone 18 or older is a flat Class B misdemeanor under KRS 510.150. If the person is under 18, KRS 510.148 applies instead and escalates with repeat offenses, up to a Class D felony for a third or later offense within three years.
Does KRS 231A regulate adult businesses in Kentucky?
No. That citation does not correspond to any current Kentucky Revised Statutes chapter. Kentucky has no confirmed comprehensive state licensing chapter for adult businesses; regulation is handled through local zoning and licensing ordinances instead.
Who can sue under Kentucky's age-verification law?
An individual, or a parent or legal guardian acting on behalf of an affected minor, can bring a civil action under KRS 436.002. The minor must be a Kentucky resident: a permanent resident, someone who has lived in the state more than a year, or someone present at least 31 consecutive days.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 531: PORNOGRAPHY
§ 531.020Distribution of obscene matterIn force
(1) A person is guilty of distribution of obscene matter when, having knowledge of its content and character, he: (a) Sends or causes to be sent into this state for sale or distribution; or (b) Brings or causes to be brought into this state for sale or distribution; or (c) In this state, he: 1. Prepares, or 2. Publishes, or 3. Prints, or 4. Exhibits, or 5. Distributes, or 6. Offers to distribute, or 7. Has in his possession with intent to distribute, exhibit or offer to distribute, any obscene matter. (2) Distribution of obscene matter is a Class B misdemeanor unless the defendant has in his possession more than one unit of material coming within the provisions of this chapter, in which case it shall be a Class A misdemeanor.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Video Village v. Commonwealth (Court of Appeals of Kentucky 1992, 825 S.W.2d 288)“…ideo Village, Inc., for distributing obscene material under KRS 531.020. A fine of $10,000 was imposed upon the…”
- Heflin v. Commonwealth (Court of Appeals of Kentucky 1985, 689 S.W.2d 621)“…n in district court of distributing obscene materials under KRS 531.020. Appellant’s arrest and conviction ar…”
- Timothy Rollin v. Kerry Harvey, Secretary Ky. Justice and Public Safety Cabinet (Court of Appeals of Kentucky 2024)“…5, Rollin was convicted of distribution of obscene matter, KRS 531.020, in Larue Circuit Court (“2015 convict…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 531.335Possession or viewing of matter portraying a sexual performance by a minor -- ApplicabilityIn forcecited in 3 of our articles
(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 or computer-generated image of a minor, he or she: (a) Knowingly has in his or her possession or control any matter which visually depicts a sexual performance by a minor person or computer-generated image of a minor person; or (b) Intentionally views any matter which visually depicts a sexual performance by a minor person or computer-generated image of a minor person.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 26 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):In Crabtree v. Commonwealth (2014) the Kentucky Supreme Court read KRS 531.335 to require both knowledge of content and knowing possession, affirming counts for partly downloaded videos but holding images auto-generated in the operating system thumbcache insufficient. Steele v. Commonwealth (2019) applied those elements.
Opinions citing this section in our collection:
- Crabtree v. Commonwealth (Kentucky Supreme Court 2014, 455 S.W.3d 390)✓Crabtree partially downloaded child-pornography videos through Limewire, and still images survived only in his computer's automatic thumbcache; the court sustained the video convictions under KRS 531.335 but reversed the thumbcache counts for lack of proof of knowing possession.
- Peterson v. Commonwealth (Kentucky Supreme Court 2005, 160 S.W.3d 730)✓Police seized discs of child pornography at Peterson's home and he argued the state had to prove the images showed real rather than computer-generated children; the court held expert testimony was not required, since the jurors viewed the images themselves.
- Baker v. Commonwealth (Kentucky Supreme Court 2003, 103 S.W.3d 90)✓Baker photographed his twelve-year-old step-granddaughter nude and argued the jury should have been offered the misdemeanor of possession under KRS 531.335 because the seized film was undeveloped; the court held that lesser-included instruction was not warranted on this proof.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Sexting Laws: Legal Consequences and Penalties, Kentucky AI Laws and Regulation (2026)
§ 531.030Distribution of obscene matter to minorsIn force
(1) A person is guilty of distribution of obscene material to minors when, knowing a person to be a minor, or having possession of such facts that he should reasonably know that such person is a minor, and with knowledge of the content and character of the material, he knowingly: (a) Sends or causes to be sent; or (b) Exhibits; or (c) Distributes, or offers to distribute, obscene material to a minor. (2) Distribution of obscene materials to minors is a Class A misdemeanor unless the defendant has previously been convicted of violation of this section or of KRS 531.020, in which case it shall be a Class D felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Walson Joseph v. Commonwealth of Kentucky (Court of Appeals of Kentucky 2026)“…of Distributing Obscene Material to Minors in violation of KRS 531.030, which provides as follows: (…”
- Timothy Rollin v. Kerry Harvey, Secretary Ky. Justice and Public Safety Cabinet (Court of Appeals of Kentucky 2024)“…laims, does not involve a minor because it is separate from KRS 531.030, which is distribution of obscene matte…”
- Syed Joseph Ali v. Commonwealth of Kentucky (Court of Appeals of Kentucky 2023)“…of distribution of obscene matter to minors is codified in KRS 531.030 and provides, in part:…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 531.120Distribution of sexually explicit images without consentIn forcecited in 9 of our articles
(1) A person is guilty of distribution of sexually explicit images without consent when: (a) He or she intentionally distributes to any third party private erotic matter without the written consent of the person depicted, and does so with the intent to profit, or to harm, harass, intimidate, threaten, or coerce the person depicted; and (b) The disclosure would cause a reasonable person to suffer harm. (2) This section shall not apply to: (a) Images involving voluntary nudity or sexual conduct in public, commercial settings, or in a place where a person does not have a reasonable expectation of privacy; (b) Disclosures made in the public interest, including the reporting of unlawful conduct, or lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings, or medical treatment; (c) Disclosures of materials that constitute a matter of public concern; or (d) Internet service providers or telecommunications services, or interactive computer services, as defined in 47 U.S.C. sec. 230(f)(2), for content solely provided by another person.
Official text (excerpt) · last checked 2026-08-30 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Also relied on in: Kentucky Recording Laws (2026): One-Party Consent Rules, Kentucky Video Recording Laws: Surveillance, Privacy, and Legal Limits, Kentucky Voyeurism and Hidden Camera Laws: Offenses, Penalties, and Protections
§ 531.010DefinitionsIn forcecited in 4 of our articles
As used in this chapter: (1) "Child sex doll" means an anatomically correct or anatomically precise doll, mannequin, or robot that may consist of an entire body, pelvis, or any other body part, with features of, or with features that resemble, those of a minor and intended for use in sexual acts; (2) "Computer" means electronic, magnetic, optical, electrochemical, or other high- speed data processing device performing logical, arithmetic, or storage functions, including but not limited to personal computers, laptops, computer software, computer servers, processors, coprocessors, memory devices, storage devices, and input and output devices; (3) "Computer-generated image" means any visual depiction, including any photograph, film, video, or picture, where the depiction has been created, adapted, or modified by a computer to appear to be an identifiable person; (4) "Distribute" means to transfer possession of, whether with or without consideration; (5) "Identifiable person" means a person who is recognizable by the person's face, likeness, or other distinguishing characteristic; (6) "Matter" means any: (a) Book, magazine, newspaper, or other printed or written material; (b)…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Purcell v. Commonwealth (Kentucky Supreme Court 2004, 149 S.W.3d 382)“…" in KRS 531.080, its original provisions remain unchanged. KRS 531.010-.070. The definitions section, KRS 531.…”
- Western Corp. v. Commonwealth (Kentucky Supreme Court 1977, 558 S.W.2d 605)“…ndergone legislative revision and has now been succeeded by KRS 531.010, a part of the Kentucky Penal Code. T…”
- Michelle Bray v. Commonwealth of Kentucky (Kentucky Supreme Court 2025)“…(c) Engaging in a sexually explicit performance[.]” 7 Under KRS 531.010(7), “obscene” means “(a) To the average…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Surveillance Camera Laws (2026 Guide)
Kentucky Revised Statutes, Chapter 436: OFFENSES AGAINST MORALITY
§ 436.001Definitions for KRS 436.001 to 436.009In forcecited in 2 of our articles
As used in KRS 436.001 to 436.009: (1) "Age verification" means verifying that the person seeking access to the matter is eighteen (18) years old or older, through any of the following methods: (a) State-issued form of identification, including but not limited to an operator's license or personal identification card issued under KRS Chapter 186 that establishes age; (b) Identification issued by any agency of the United States government that establishes age; or (c) Any commercially reasonable method of identification that relies on public or private transactional data to verify that the person attempting to access the matter is at least eighteen (18) years of age or older; (2) "Covered platform" means an entity that: (a) Is a website; and (b) Is in the regular course of trade or business to create, host, or make available content that meets the definition of matter harmful to minors under subsection (8) of this section, with the objective of earning a profit, regardless of whether: 1. The entity actually earns a profit on the activities described in this paragraph; or 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Also relied on in: Kentucky Age Verification Law: HB 278 and KRS 436 Explained
§ 436.002Liability for failure to perform age verification to access matter harmful to minors -- Civil actions -- ApplicabilityIn forcecited in 2 of our articles
(1) Any covered platform that knowingly and intentionally publishes or distributes material on the internet, more than one-third (1/3) of which is matter harmful to minors, and fails to perform age verification, either by itself or through a third party, of individuals attempting to access the matter shall be liable as provided in this section. (2) Any person injured by a violation of this section, or a parent or legal guardian on behalf of any minor injured by a violation of this section, may bring a civil action against the covered platform to recover: (a) Damages of ten thousand dollars ($10,000) per instance that the covered platform failed to perform age verification to restrict the minor's access to matter harmful to minors; and (b) Actual damages, court costs, and reasonable attorney's fees. (3) This section shall only apply to a minor who: (a) Is a permanent resident of this state; (b) Has resided in this state for more than one (1) year; or (c) Has been sojourning in this state for a period of at least thirty-one (31) consecutive days.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Free Speech Coalition, Inc. v. Paxton (Supreme Court of the United States 2025, 606 U.S. 461)“…s p. 451 (to be codi- fed at Kan. Stat. Ann. § 50–6146(a)); Ky. Rev. Stat. Ann. § 436.002(1) (West Cum. Supp. 2024); La. Rev. Sta…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 436.004Retention of identifying information prohibitedIn forcecited in 2 of our articles
(1) Any covered platform or third party that performs the age verification required under KRS 436.002 shall not retain any identifying information of the individual after access has been granted to the matter. (2) A covered platform or third party that is found to have knowingly retained identifying information of the individual after access has been granted to the matter shall be liable to the individual for: (a) Damages of one thousand dollars ($1,000) for each twenty-four (24) hour period that the information is retained; and (b) Actual damages, court costs, and reasonable attorney's fees.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
§ 436.006Civil actions -- Venue -- Defenses -- Enforcement by governmental entities or officers prohibitedIn forcecited in 2 of our articles
(1) Any party filing a civil action under KRS 436.002 or 436.004 shall: (a) Bring the action in: 1. The Circuit Court of the county where the alleged violation occurred; 2. The Circuit Court of the county in which the person bringing the action resides; or 3. Franklin Circuit Court; and (b) Have the right to a jury trial, and the jury shall decide both liability and damages. (2) An individual may bring an action under KRS 436.002 or 436.004 regardless of whether another court has declared any provision of KRS 436.001 to 436.009 unconstitutional, unless that court decision is binding upon the court in which the action is brought. (3) Nonmutual issue preclusion and nonmutual claim preclusion shall not be defenses to an action brought under KRS 436.002 or 436.004. (4) Notwithstanding any other law: (a) The requirements of KRS 436.001 to 436.009 shall be enforced exclusively through private civil actions; and (b) Direct or indirect enforcement of KRS 436.001 to 436.009 shall not be taken or threatened by: 1. The Commonwealth of Kentucky; 2. A political subdivision of the Commonwealth; 3. The Attorney General; 4. A Commonwealth's attorney or county attorney; or 5.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Kentucky Revised Statutes, Chapter 411: RIGHTS OF ACTION AND SURVIVAL OF ACTIONS
§ 411.215Action for failure to remove sexually explicit image from Web site, online service or application, or mobile application upon request -- Damages -- Statute of limitationsIn forcecited in 2 of our articles
(1) A civil action may be maintained under this section against any person who, in violation of KRS 531.120(3), does not remove a sexually explicit image upon the request of the person depicted in the image. (2) A civil action may be maintained under this section whether or not the individual who is alleged to have violated KRS 531.120(3) has been charged or convicted under KRS 531.120. Liability under this section shall include damages of one thousand dollars ($1,000) for each sexually explicit image for each day the image remains on the Web site after receipt of the request. (3) An action under this section shall be brought within two (2) years of the last act of conduct in violation of KRS 531.120(3).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Also relied on in: Revenge Porn Laws by State: All 50 States and DC (2026)
Kentucky Revised Statutes, Chapter 510: SEXUAL OFFENSES
§ 510.148Indecent exposure in the first degreeIn force
(1) A person is guilty of indecent exposure in the first degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person under the age of eighteen (18) years. (2) Indecent exposure in the first degree is a: (a) Class B misdemeanor for the first offense; (b) Class A misdemeanor for the second offense, if it was committed within three (3) years of the first conviction; (c) Class D felony for the third offense, if it was committed within three (3) years of the second conviction; and (d) Class D felony for any subsequent offense, if it was committed within three (3) years of the prior conviction.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Harp v. Commonwealth (Kentucky Supreme Court 2008, 266 S.W.3d 813)“…The jury instruction on this charge was in accordance with KRS 510.148(1). Nevertheless, Harp contends that th…”
- Combs v. Commonwealth (Kentucky Supreme Court 2006, 198 S.W.3d 574)“…i.e., indecent exposure in the first degree, KRS 510.148, and/or criminal attempt to commit UTM…”
- Blue Movies, Inc. v. Louisville/Jefferson County Metro Government (Kentucky Supreme Court 2010, 317 S.W.3d 23)“…enal code under the statutes proscribing indecent exposure. KRS 510.148 (first-degree indecent exposure); KRS 5…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 510.150Indecent exposure in the second degreeIn force
(1) A person is guilty of indecent exposure in the second degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person eighteen (18) years of age or older. (2) Indecent exposure in the second degree is a Class B misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Blue Movies, Inc. v. Louisville/Jefferson County Metro Government (Kentucky Supreme Court 2010, 317 S.W.3d 23)“…ent exposure. KRS 510.148 (first-degree indecent exposure); KRS 510.150 (second-degree indecent exposure). An e…”
- Jenkins v. Commonwealth (Kentucky Supreme Court 2010, 308 S.W.3d 704)“…ould know his conduct is likely to cause affront or alarm.” KRS 510.150. 12 On a moti…”
- Owsley v. Commonwealth (Court of Appeals of Kentucky 1987, 743 S.W.2d 408)“…ts. Likewise, KRS 510.140 prohibits non-consensual sex, and KRS 510.150 prohibits indecent exposure; but neithe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 2257Record keeping requirementsIn forcecited in 33 of our articles
Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which— contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 68 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Connection Distributing Co. v. The Honorable Janet Reno (1998) affirmed denial of a preliminary injunction against section 2257. Free Speech Coalition, Inc. v. Attorney General of the United States (2012) reviewed it as content neutral under intermediate scrutiny, a standard the Third Circuit later replaced with strict scrutiny.
Opinions citing this section in our collection:
- United States v. X-Citement Video, Inc. (Supreme Court of the United States 1994, 513 U.S. 64)“…rformers with independent penalties for failure to comply. 18 U. S. C. §§ 2257 (a) and (i) (1988 ed. and Supp. V); Am…”
- Connection Distributing Co. v. The Honorable Janet Reno (Court of Appeals for the Sixth Circuit 1998, 154 F.3d 281)✓A swingers magazine that ran readers' sexually explicit ads challenged section 2257's age record and labeling duties; the court treated the statute as content neutral, found no substantial likelihood of First Amendment success, and affirmed denial of a preliminary injunction.
- Free Speech Coalition, Inc. v. Attorney General of the United States (Court of Appeals for the Third Circuit 2012, 677 F.3d 519)✓Adult film producers, photographers and sex educators challenged section 2257's recordkeeping duties; the court held the statutes content neutral and found they advance protecting children, but vacated dismissal of the First and Fourth Amendment claims for record development.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How to File a DMCA Takedown on Xvideos (2026 Guide), West Virginia Voyeurism Laws: Hidden Cameras and Privacy Violations, Illinois Pornography Laws (2026): Legality & No AV Law Yet
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- KRS 531.010 (Definitions for KRS chapter 531)(apps.legislature.ky.gov).gov
- KRS 531.020 (Distribution of obscene matter)(apps.legislature.ky.gov).gov
- KRS 531.030 (Distribution of obscene matter to minors)(apps.legislature.ky.gov).gov
- KRS 531.335 (Possession or viewing of matter portraying a sexual performance by a minor)(apps.legislature.ky.gov).gov
- KRS 531.120 (Distribution of sexually explicit images without consent)(apps.legislature.ky.gov).gov
- KRS 510.148 (Indecent exposure in the first degree)(apps.legislature.ky.gov).gov
- KRS 510.150 (Indecent exposure in the second degree)(apps.legislature.ky.gov).gov
- KRS Chapter 231 (Places of Entertainment)(apps.legislature.ky.gov).gov
- KRS 436.001-436.009 (Age verification to access matter harmful to minors)(apps.legislature.ky.gov).gov
- KRS 436.002, as reproduced by Justia Kentucky Revised Statutes (2025)(law.justia.com)