HB278: AN ACT relating to the protection of children.

Legislative Summary

Amends KRS 15A.190 to require that the Justice and Public Safety Cabinet include crimes involving childhood sexual assault or abuse on the JC-3 form; amends KRS 160.380 to provide that a superintendent shall not employ any person who has been convicted of an offense that would classify the person as a violent offender, a sex crime, or a misdemeanor offense under KRS Chapter 510, or who is required to register as a sex offender; amends KRS 413.249 to provide that a civil action arising from childhood sexual assault or abuse shall be brought within 10 years of the victim attaining the age of 18 years; creates new sections of KRS Chapter 436 to declare legislative findings relating to pornography, to define terms, to establish a civil cause of action against any commercial entity that publishes matter harmful to minors on the internet without obtaining age verification, to require removal of personal data following review for access, to establish civil causes of action for violations, and to establish limitations on applicability and liability; amends KRS 510.050 and 510.080 to provide an enhanced penalty when the defendant is a person in a position of authority or position of special trust; amends KRS 510.155 to enhance the penalty of unlawful use of electronic means to induce a minor to a Class C felony, and to enhance the penalty to a Class B felony if the minor or perceived minor is under 12 years old, the offender is a person is in a position of authority or position of special trust, the offender is a registered sex offender, a person travels into the Commonwealth for the purpose of procuring or promoting the use of a minor, or the child procured or promoted is for human trafficking where the offense involves commercial sexual activity; amends KRS 529.100 to enhance the penalty for human trafficking to a Class B felony, unless the victim is a minor, in which case it is a Class A felony; amends KRS 529.110 to enhance the penalty for promoting human trafficking to a Class C felony unless the victim is a minor, in which case it is a Class B felony; amends KRS 531.340 to enhance the penalty for distribution of matter portraying a sexual performance by a minor to a Class C felony if the victim is under 18 years old and a Class B felony if the victim is under 12 years old, and to provide that any person convicted of distribution of matter portraying a sexual performance by a minor shall not be released on probation or parole without serving 85 percent of the sentence imposed; amends KRS 532.060 to require a person who has been convicted of a violation of KRS 529.100, 529.110, 531.320, 531.335, or 531.340 to serve five years of postincarceration supervision; and amends KRS 532.200 to redefine “violent felony offense” as an offense that would classify a person as a violent offender under KRS 439.3401.