Kentucky has recently enacted significant changes to criminal statutes affecting defendants charged with child pornography offenses in the Commonwealth. Numerous statutes in KRS 510, KRS 531 and sentencing under 439 became effective on July 15, 2024. Some of the most notable changes are as follows:
KRS 510.155 Unlawful use of electronic means to induce a minor to engage in sexual or other prohibited activities. This includes asking your 17 year old boyfriend/girlfriend to send you a nude picture. Changes include changing from class D to class C felony if minor is under 18 years old and B felony if minor is under 12 years old. Also, this now falls under the violent offender sentencing statute in KRS 439.3401 (discussed below).
KRS 531.320 Promoting a sexual performance by a minor. This includes taking a nude picture or video. Changes include changing from Class D to class C felony and B felony if under 12 years old. Also includes modification to include computer generated images.
KRS 531.340 Distribution of matter portraying a sexual performance by a minor. This includes sharing of picture. Changes include from class D to class C felony if minor is under 18 years old and B felony if minor is under 12 years old, offender is a registrant, or the offender is a person in position of authority or special trust. Also specific language that the convicted person must serve 85% of their sentence. (language seems to mirror sentencing in KRS 439.3401)
Sentencing. Another significant change occurs with respect to the sentencing of such individuals. KRS 439.3401 has now included felony sexual offenses described in KRS Chapter 510, KRS 531.310 (use of minor in a sexual performance as described in KRS 531.310), and KRS 531.320 (promoting a sexual performance by a minor) as violent offenses. Those convicted are now considered “violent offenders.” A VIOLENT OFFENDER is not eligible for probation, shock probation, parole or other form of early release until he or she has served at least 85% of the sentence imposed. *NOTE: this is the only non-violent crime which designates a defendant as a violent offender.
Currently, the Kentucky Department of Corrections (DOC) has opined that any person sentenced after 7/15/2024 is/will be subject to the 85% parole eligibility statute. DOC’s opinion is that KRS 439.3401 applies to sentencing only and is irrelevant of whether the crime occurred prior to 07/15/2024. Additionally, all incarcerated and convicted sex offenders much complete sex offender treatment before they are eligible for parole or other early release.
If you have been charged with a crime in Kentucky, you should seek and hire an experienced criminal defense attorney. For consultation and representation in Northern Kentucky, contact Bouldin Law Firm using the contact form, email [email protected] or call 859-581-6453 (581-MIKE).