Revenge Porn Law:
531.120 Distribution of sexually explicit images without consent.
(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
(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
(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.
(3) A person who maintains an Internet Web site, online service, online application, or
mobile application that distributes private erotic matter shall remove any such
image if requested by a person depicted, and shall not solicit or accept a fee or other
consideration to remove the visual image.
(4) Distribution of sexually explicit images without consent is a Class A misdemeanor
for the first offense and a Class D felony for each subsequent offense, unless the
person distributes the private erotic matter for profit or gain, in which case it is a
Class D felony for the first offense and a Class C felony for each subsequent
(5) In this section, “consent” means the consent to transmission of images to a specific
recipient or recipients. Consent to the creation of the visual image does not, by
itself, constitute consent to the distribution of the visual image.
(6) Notwithstanding KRS 17.500 to 17.580, a conviction under this section shall not
result in the offender being deemed a registrant or being required to register as a sex
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 50, sec. 2, effective July 14, 2018.
House Bill 71 (2018) Amend KRS 531.010 to define “private erotic matter”; create a new section of KRS Chapter 531 to prohibit the distribution of sexually explicit images without consent; make such distribution a Class A misdemeanor for the first offense and a Class D felony for the second or subsequent offense, unless it is done for profit, in which case it is a Class D felony for the first offense and a Class C felony for the second or subsequent offense.