Privacy Law Library

Distribution of Sexually Explicit Images Without Consent and Civil Takedown Remedy

KY Nonconsensual Intimate Images

Other

Criminalizes sharing another person's private sexual images without written consent when done to profit or to harm, harass, or coerce, and clarifies that consent to create an image is not consent to distribute it. Sites and apps that distribute such images must take them down at the depicted person's request without charging a removal fee, and face daily civil damages if they do not.

Where

Kentucky

Citation

KRS 531.120; KRS 411.215 (created 2018 Ky. Acts ch. 50)

Status

In force

In force since

2018-07-14

Enforced by

Prosecutors (criminal); persons depicted (civil takedown action)

People can sue

Limited

Penalties

Class A misdemeanor for a first offense and Class D felony thereafter; Class D felony (first) and Class C felony (subsequent) when done for profit. Website operators that fail to remove an image on request are civilly liable for $1,000 per image per day; two-year limitations period.

Applies to

• Any person who distributes private erotic matter of another without written consent with intent to profit, harm, harass, intimidate, threaten, or coerce
• Operators of websites, online services, online applications, and mobile applications that distribute private erotic matter
• Excludes ISPs, telecommunications services, and interactive computer services for content provided solely by others