suhrelaw | August 1, 2018 | Criminal Law
Effective July 14, 2018, it is now a crime in Kentucky to post online “private erotic matter” (video, photographs, etc.) of another person without their written consent, if the intent is to “harm, harass, intimidate, threaten, or coerce” that person, and he or she would suffer harm as a result. This new law can be found in KRS 531.120.
Penalties are as follows:
- First offense (image posted for profit/gain): Class D felony (1-5 years, $1,000-$10,000 fine).
- First offense (no profit/gain): Class A misdemeanor (0-365 days jail, $500 fine).
- Second offense (image posted for profit/gain): Class C felony (5-10 years, $1,000-$10,000 fine).
- Second offense (no profit/gain): Class D felony (1-5 years, $1,000-$10,000 fine).
Generally, persons convicted of these crimes shall not be required to register as a sex offender. An obvious exception to this would be if the person depicted was a minor, which, according to KRS 531.330, is anyone under the age of eighteen (18). Consider, though, that the age of sexual consent in Kentucky is sixteen (16).
It is important to note that consent to creation of an image does not constitute consent to distribution of that image. See KRS 531.120(5).
Prior to the passage of this new law, Kentucky only criminalized “sexting” if it depicted a minor in a sexual manner. The new law makes it clear that without written consent, images shared with third parties must be removed from public view (websites) upon request, at no cost to the person requesting removal.