Ky. Rev. Stat. § 531.330 : KENTUCKY PENAL CODE — PORNOGRAPHY —SEXUAL EXPLOITATION OF MINORS — Presumption as to minority
(1) For purposes of
KRS 529.040 where the offense involves commercial sexual activity and for the purposes of
KRS 530.070,
531.080, and
531.300 to
531.370, any person who appears to be under the age of eighteen (18), or under the age of sixteen (16), shall be presumed to be under the age of eighteen (18), or under the age of sixteen (16), as the case may be.
(2) In any prosecution under
KRS 529.040 where the offense involves commercial sexual activity by a minor and in any prosecution under
KRS 530.070,
531.080, and
531.300 to
531.370, the defendant may prove in exculpation that he in good faith reasonably believed that the person involved in the performance was not a minor.
(3) The presumption raised in subsection (1) of this section may be rebutted by any competent evidence.
KRS 531.330
Amended by 2015 Ky. Acts ch. HB-427,§ 4, eff. 6/22/2015.
Effective:6/26/2007
Amended 2007, Ky. Acts ch. 19, sec. 14, effective6/26/2007. -- Created 1978 Ky. Acts ch. 219, sec. 5, effective 6/17/1978.