What are the Penalties for the Production, Receipt, or Transmission of Child Pornography in Kentucky?

Penalties for the Production, Receipt, or Transmission of Child Pornography

Our Warren County sex crimes defense attorney, John Caudill, is the only former Federal Prosecutor in Western and South-Central Kentucky. This means our law firm understands each nuance related to child pornography charges and how they impact our clients’ futures.

Over the past 30 years, John has prosecuted and defended hundreds of people during complex state and federal criminal cases requiring a precise legal strategy — from preparation to trial — to pursue and secure real results for our clients.

This experience is vital because any individual who attempts or conspires to commit a child pornography offense is also subject to prosecution under federal law.

Here, our Bowling Green and Owensboro criminal defense lawyer explains the state and federal charges and conviction penalties associated with child pornography charges in Kentucky.

Understanding the Different Child Pornography Charges and Penalties etc. Kentucky

 

In Kentucky, various laws criminalize the creation, possession, distribution, and promotion of material that portrays sexual performances by minors.

This includes any acts — either actual or simulated — of:

• Masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviant sexual intercourse.
• Physical contact with genitals or intentionally exhibiting the genitals.
• Flagellation or excretion for the purpose of sexual stimulation or gratification.
• Exposing genitals, the pubic area, buttock, or female breasts obscenely.

Kentucky’s Producing Child Pornography Law is described as producing, directing, or promoting any performance that includes sexual conduct by a minor while knowing the character and content of the material.

The penalties for producing child pornography in Kentucky are based on whether an injury occurred and the age of the minor, including:

• If a minor incurs physical injury: Class A felony.
• Less than 16 years old: Class B felony.
• Less than 18 years old: Class C felony.

Kentucky’s Possession of Child Pornography Law is described as knowingly possessing or intentionally viewing material that visually depicts an actual sexual performance by a minor and is a Class D felony.

There are some legal exemptions to the possession of child pornography law, which include an accidental or inadvertent viewing, those viewing the material during a law enforcement investigation, minors viewing the material, or the minor’s parents or school administrators to investigate violations.

Kentucky’s Distributing Child Pornography Law is described as having knowledge of the material’s content exhibiting for profit, distributing, offering to distribute, possession with intent to distribute, or offering to distribute any material portraying a sexual performance by a minor.

Distributing child pornography by sending or bringing it to Kentucky is a Class D felony for the first offense and a Class C felony for each subsequent offense.

Kentucky’s Selling Child Pornography Law describes knowing the material depicts a sexual performance by a minor, requiring the buyer of a publication to receive any material containing child pornography, denying or threatening to deny a franchise, or imposing a penalty if the buyer fails to accept the materials.

The penalties for selling child pornography in Kentucky include the following:

• First offense: Class A misdemeanor.
• Second offense: Class D felony.
• Third or subsequent offense: Class C felony.

Production, Receipt, or Transmitting Child Pornography is Also a Federal Crime

According to the U.S. Justice Department, Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce.

Any violation of federal child pornography law is a serious crime and convicted offenders face severe statutory penalties.

• A first-time offender convicted of transporting child pornography in interstate or foreign commerce faces fines and a statutory minimum of 5 years to 20 years maximum in prison.
• A first-time offender convicted of producing child pornography faces fines and a statutory minimum of 15 years to 30 years maximum in prison.

Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations, including:

• The images are violent, sadistic, or masochistic in nature.
• The minor was sexually abused.
• The offender has prior convictions for child sexual exploitation.

In these circumstances, a convicted offender may face life imprisonment.

Collateral Penalties for Child Pornography Charges in Kentucky

Our Owensboro and Bowling Green sex crimes defense attorney has extensive trial experience in federal and Kentucky state courts and knows that any alleged child pornography charge — whether convicted — will lead to significant personal and professional hardships in the future.

The mere accusation of any child pornography charge carries such a stigma that the accused could lose their job, personal relationships, and access to their children before they even see the inside of a courtroom.

If convicted, the individual faces increased scrutiny, jail time, and a sex offender registry requirement, significantly limiting their overall movements, including where they live and work. Since this information is made public, it can be viewed by the public during a simple internet search, leading to individuals being ostracized in their communities.

The best way to avoid a child pornography conviction in Kentucky or federal court is to partner with a skilled sex crimes defense attorney with extensive experience in both jurisdictions.

We can help.

Contact Our Dedicated Criminal Defense Lawyer in Bowling Green, Kentucky Today

John Caudill Attorney at Law offers aggressive defense strategies and trusted legal representation to individuals throughout the Bowling Green area and surrounding communities, including Owensboro, Franklin, Scottsville, Hartford, and Morgantown.

If you have been arrested and charged with a child pornography crime in Kentucky, contact our trusted criminal defense attorney in Warren County today by calling (270)925-0447 or contacting us online.

We are here to fight for your rights and your freedom. Let’s get started.