Law / United States / Kentucky

Possession or viewing of matter portraying a computer-generated image of a minor (HB 366)

2026 Ky. Acts ch. 109 (HB 366); KRS 531.335

In force since .

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

As of .

What it requires

  • Do not knowingly possess or control, or intentionally view, any matter that visually depicts a sexual performance by a minor person or a computer-generated image of a minor person, if you know its content and character and that the sexual performance is by a minor or a computer-generated image of a minor.
  • Viewing is covered only where it is deliberate, purposeful, and voluntary; accidental or inadvertent viewing is not.
  • Viewing in the course of a law enforcement investigation or criminal or civil litigation involving the matter is outside the viewing prohibition.
  • A computer-generated image is any visual depiction, including a photograph, film, video, or picture, that a computer has created, adapted, or modified to appear to be an identifiable person.

These lines are LexLint's reading of the law's text, as of .

If you get it wrong

Criminal exposureYes

Criminal exposure note

Possession or viewing is a Class D felony where the person knows the minor or computer-generated image of a minor portrayed is under eighteen and a Class C felony where under twelve, and a person convicted serves at least eighty-five percent of the sentence before release on probation or parole (KRS 531.335).

What it makes you log

Logging duty

The offense states no duty for anyone to create, keep, or produce a log or record.

Kind
None
As of

What this law does

Drafted with AI

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Research summary

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House Bill 366, Kentucky Acts chapter 109 of 2026, amends KRS 531.335 so that a person is guilty of possession or viewing of matter portraying a sexual performance by a minor when, having knowledge of its content and character, the person knowingly possesses or controls, or intentionally views, matter that visually depicts a sexual performance by a minor person or a computer-generated image of a minor person.

The viewing limb applies only to the deliberate, purposeful, and voluntary viewing of such matter and not to its accidental or inadvertent viewing. The viewing limb does not apply to a person viewing the matter in the course of a law enforcement investigation or criminal or civil litigation involving the matter.

Possession or viewing is a Class D felony if the person knows that the minor or computer-generated image of a minor portrayed is less than eighteen years old at the time of the sexual performance. Possession or viewing is a Class C felony if the person knows that the minor or computer-generated image of a minor portrayed is less than twelve years old at the time of the sexual performance.

A person convicted under the section shall not be released on probation or parole until the person has served at least eighty-five percent of the sentence imposed. KRS 531.010 defines a computer-generated image as any visual depiction, including any photograph, film, video, or picture, that a computer has created, adapted, or modified to appear to be an identifiable person. The Governor signed House Bill 366 on . Legislation of the 2026 Regular Session took effect on .

When LexLint raises it

When your app profile says your app generates images with AI or generates video with AI.

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