Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY 26 RS HB 366/GA
1 AN ACT relating to possession or viewing of matter portraying a sexual
2 performance by a minor.
3 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
4 Section 1. KRS 531.335 is amended to read as follows:
5 (1) A person is guilty of possession or viewing of matter portraying a sexual
6 performance by a minor when, having knowledge of its content, character, and that
7 the sexual performance is by a minor or computer-generated image of a minor, he
8 or she:
9 (a) Knowingly has in his or her possession or control any matter which visually
10 depicts a[an actual] sexual performance by a minor person or computer-
11 generated image of a minor person; or
12 (b) Intentionally views any matter which visually depicts a[an actual] sexual
13 performance by a minor person or computer-generated image of a minor
14 person.
15 (2) The provisions of subsection (1)(b) of this section:
16 (a) Shall only apply to the deliberate, purposeful, and voluntary viewing of matter
17 depicting sexual conduct by a minor person or computer-generated image of a
18 minor person and not to the accidental or inadvertent viewing of such matter;
19 (b) Shall not apply to persons viewing the matter in the course of a law
20 enforcement investigation or criminal or civil litigation involving the matter;
21 and
22 (c) Shall not apply to viewing the matter by a minor or the minor's parents or
23 guardians, or to school administrators investigating violations of subsection
24 (1)(b) of this section.
25 (3) Possession or viewing of matter portraying a sexual performance by a minor is:
26 (a) A Class D felony if the person knows that the minor or computer-generated
27 image of a minor portrayed is less than eighteen (18) years old at the time of
Page 1 of 2
HB036610.100 - 1676 - XXXX 1/28/2026 2:33 PM GA
UNOFFICIAL COPY 26 RS HB 366/GA
1 the sexual performance; and
2 (b) A Class C felony if the person knows that the minor or computer-generated
3 image of a minor person portrayed is less than twelve (12) years old at the
4 time of the sexual performance.
5 (4) Any person convicted under this section shall not be released on probation or
6 parole until he or she has served at least eighty-five percent (85%) of the sentence
7 imposed.
Page 2 of 2
HB036610.100 - 1676 - XXXX 1/28/2026 2:33 PM GAEvery fact on this page links to its source, starting with the official bill record.