PROSTITUTION OFFENSES

KRS tit. L, ch. 529

in effect

KRS 529.010 Definitions

529.010. Definitions The following definitions apply in this chapter unless the context otherwise requires: (1) "Abuse or threatened abuse of law or legal process" means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action; (2) "Advancing prostitution" -- A person "advances prostitution" when acting other than as a prostitute or as a patron thereof, he or she knowingly causes or aids a person to engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any conduct designed to institute, aid or facilitate an act or enterprise of prostitution; (3) "Commercial sexual activity" means: (a) Any sex act, for which anything of value is given to, promised to, or received by any person; (b) Participation in the production of obscene material as set out in KRS Chapter 531; or (c) Engaging in a sexually explicit performance; (4) "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for the debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined; (5) "Forced labor or services" means labor or services that are performed or provided by another person and that are obtained through force, fraud, or coercion; (6) "Force, fraud, or coercion" includes but is not limited to: (a) The use or threat of force against, abduction of, restraint, or serious harm of an individual; (b) The abuse or threatened abuse of law or legal process; (c) Facilitating, controlling, or threatening to control an individual's access to a controlled substance; (d) Knowingly destroying, concealing, removing, confiscating, or possessing, or attempting to destroy, conceal, remove, confiscate, or possess any actual or purported passport or other immigration documents or any other actual or purported governmental identification documents of the person or family member; (e) Use of debt bondage; or (f) The use of an individual's physical or mental impairment when the impairment has a substantial adverse effect on the individual's cognitive or volitional function; (7) "Human trafficking" refers to criminal activity whereby one (1) or more persons are subjected to engaging in: (a) Forced labor or services; or (b) Commercial sexual activity through the use of force, fraud, or coercion, except that if the trafficked person is under the age of eighteen (18), the commercial sexual activity need not involve force, fraud, or coercion; (8) "Human trafficking victims fund" is the fund created in KRS 529.140; (9) "Labor" means work of economic or financial value; (10) "Minor" means a person under the age of eighteen (18) years; (11) "Profiting from prostitution" -- A person "profits from prostitution" when acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly accepts or receives or agrees to accept or receive money or other property pursuant to an agreement or understanding with any person whereby he or she participates or is to participate in proceeds of prostitution activity; (12) "Serious harm" means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious to compel a reasonable person to perform or to continue performing commercial sexual activity in order to avoid incurring that harm; (13) "Services" means an ongoing relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor; (14) "Sexual conduct" means sexual intercourse or any act of sexual gratification involving the sex organs; (15) "Sexually explicit performance" means a performance of sexual conduct involving: (a) Acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviant sexual intercourse, actual or simulated; (b) Physical contact with, or willful or intentional exhibition of, the genitals; (c) Flagellation or excretion for the purpose of sexual stimulation or gratification; or (d) The exposure, in an obscene manner, of the unclothed or apparently unclothed human male or female genitals, pubic area, or buttocks, or the female breast, whether or not subsequently obscured by a mark placed thereon, or otherwise altered, in any resulting motion picture, photograph, or other visual representation, exclusive of exposure portrayed in matter of a private, family nature not intended for distribution outside the family; and (16) "Victim of human trafficking" is a person who has been subjected to human trafficking. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 75, sec. 6, effective July 15, 2020. -- Amended 2013 Ky. Acts ch. 25, sec. 7, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 19, sec. 4, effective June 26, 2007. -- Created 1974 Ky. Acts ch. 406, sec. 250, effective January 1, 1975.

KRS 529.020 Prostitution

529.020. Prostitution (1) Except as provided in KRS 529.120, a person is guilty of prostitution when he engages or agrees or offers to engage in sexual conduct with another person in return for a fee. (2) Prostitution is a Class B misdemeanor. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 25, sec. 12, effective June 25, 2013. -- Created 1974 Ky. Acts ch. 406, sec. 251, effective January 1, 1975.

KRS 529.030 Repealed, 2007

529.030. Repealed, 2007 Catchline at repeal: Promoting prostitution in the first degree. History: Repealed 2007 Ky. Acts ch. 19, sec. 17, effective June 26, 2007. -- Amended 1986 Ky. Acts ch. 289, sec. 3, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 219, sec. 1, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 252, effective January 1, 1975.

KRS 529.040 Promoting prostitution

529.040. Promoting prostitution (1) A person is guilty of promoting prostitution when he knowingly advances or profits from prostitution. (2) Promoting prostitution is a Class A misdemeanor unless the person managed, supervised, controlled, or owned, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two (2) or more prostitutes, in which case it is a Class D felony. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 19, sec. 7, effective June 26, 2007. -- Amended 1986 Ky. Acts ch. 289, sec. 4, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 406, sec. 253, effective January 1, 1975.

KRS 529.050 Repealed, 2007

529.050. Repealed, 2007 Catchline at repeal: Promoting prostitution in the third degree. History: Repealed 2007 Ky. Acts ch. 19, sec. 17, effective June 26, 2007. -- Created 1974 Ky. Acts ch. 406, sec. 254, effective January 1, 1975.

KRS 529.060 Corroboration

529.060. Corroboration (1) No person shall be convicted of prostitution solely on the uncorroborated testimony of a patron. (2) No person shall be convicted of promoting prostitution solely on the uncorroborated testimony of a person whose prostitution activity he is alleged to have advanced or from whose prostitution activity he is alleged to have profited. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 255, effective January 1, 1975.

KRS 529.070 Permitting prostitution

529.070. Permitting prostitution (1) A person is guilty of permitting prostitution when, having possession or control of premises which he knows or has reasonable cause to know are being used for prostitution purposes, he fails to make reasonable and timely effort to halt or abate such use. (2) Permitting prostitution is a Class B misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 256, effective January 1, 1975.

KRS 529.080 Loitering for prostitution purposes

529.080. Loitering for prostitution purposes (1) Except as provided in KRS 529.120, a person is guilty of loitering for prostitution purposes when he loiters or remains in a public place for the purpose of engaging or agreeing or offering to engage in prostitution. (2) Loitering for prostitution purposes is a: (a) Violation for the first offense; (b) Class B misdemeanor for the second offense and for each subsequent offense. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 25, sec. 13, effective June 25, 2013. -- Created 1984 Ky. Acts ch. 102, sec. 1, effective July 13, 1984.

KRS 529.090 Person convicted required to submit to screening for HIV infection -- Prostitution or procuring prostitution with knowledge of sexually transmitted disease or HIV

529.090. Person convicted required to submit to screening for HIV infection -- Prostitution or procuring prostitution with knowledge of sexually transmitted disease or HIV (1) Any person convicted of prostitution or procuring another to commit prostitution under the provisions of KRS 529.020 shall be required to undergo screening for human immunodeficiency virus infection under direction of the Cabinet for Health and Family Services and, if infected, shall submit to treatment and counseling as a condition of release from probation, community control, or incarceration. Notwithstanding the provisions of KRS 214.420, the results of any test conducted pursuant to this subsection shall be made available by the Cabinet for Health and Family Services to medical personnel, appropriate state agencies, or courts of appropriate jurisdiction to enforce the provisions of this chapter. (2) Any person who commits prostitution and who, prior to the commission of the crime, had tested positive for a sexually transmitted disease and knew or had been informed that he had tested positive for a sexually transmitted disease pursuant to KRS 214.410 and that he could possibly communicate such disease to another person through sexual activity is guilty of a Class A misdemeanor. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution. (3) Any person who commits, offers, or agrees to commit prostitution by engaging in sexual activity in a manner likely to transmit the human immunodeficiency virus and who, prior to the commission of the crime, had tested positive for human immunodeficiency virus and knew or had been informed that he had tested positive for human immunodeficiency virus and that he could possibly communicate the disease to another person through sexual activity is guilty of a Class D felony. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution. (4) Any person convicted of procuring another to commit prostitution in a manner likely to transmit the human immunodeficiency virus and who, prior to the commission of the crime, had tested positive for human immunodeficiency virus and knew or had been informed that he had tested positive for human immunodeficiency virus and that he could possibly communicate the disease to another person through sexual activity is guilty of a Class D felony. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 657, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 609, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 427, sec. 1, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 443, sec. 48, effective July 13, 1990.

KRS 529.100 Human trafficking

529.100. Human trafficking (1) A person is guilty of human trafficking when the person intentionally subjects one (1) or more persons to engage in: (a) Forced labor or services; or (b) Commercial sexual activity through the use of force, fraud, or coercion, except that if the person is under the age of eighteen (18), the commercial sexual activity need not involve force, fraud, or coercion. (2) Human trafficking is a Class B felony unless the victim of human trafficking is under eighteen (18) years of age, in which case it is a Class A felony. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 106, sec. 7, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 75, sec. 7, effective July 15, 2020. -- Created 2007 Ky. Acts ch. 19, sec. 5, effective June 26, 2007.

KRS 529.110 Promoting human trafficking

529.110. Promoting human trafficking (1) A person is guilty of promoting human trafficking when the person intentionally: (a) Benefits financially or receives anything of value from knowing participation in human trafficking; or (b) Recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or solicits by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise, maintain, patronize, or solicit by any means, another person, knowing that the person will be subject to human trafficking. (2) Promoting human trafficking is a Class C felony unless a victim of the trafficking is under eighteen (18), in which case it is a Class B felony. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 61, sec. 1, effective July 15, 2024; and ch. 106, sec. 8, effective July 15, 2024. -- Created 2007 Ky. Acts ch. 19, sec. 6, effective June 26, 2007. Legislative Research Commission Note (7/15/2024). This statute was amended by 2024 Ky. Acts chs. 61 and 106, which do not appear to be in conflict and have been codified together.

KRS 529.120 Treatment of minor suspected of prostitution offense

529.120. Treatment of minor suspected of prostitution offense (1) Notwithstanding KRS 529.020 or 529.080, if it is determined after a reasonable period of custody for investigative purposes, that the person suspected of prostitution or loitering for prostitution is under the age of eighteen (18), then the minor shall not be prosecuted for an offense under KRS 529.020 or 529.080. (2) A law enforcement officer who takes a minor into custody under subsection (1) of this section shall immediately make a report to the Cabinet for Health and Family Services pursuant to KRS 620.030. Pursuant to KRS 620.040, the officer may take the minor into protective custody. (3) The Cabinet for Health and Family Services shall commence an investigation into child dependency, neglect, or abuse pursuant to KRS 620.029. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 25, sec. 11, effective June 25, 2013.

KRS 529.130 Human trafficking victims service fee

529.130. Human trafficking victims service fee Any person convicted of an offense in KRS 529.100 or 529.110 shall be ordered to pay, in addition to any other fines, penalties, or applicable forfeitures, a human trafficking victims service fee of not less than ten thousand dollars ($10,000) to be remitted to the fund created in KRS 529.140. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 75, sec. 8, effective July 15, 2020. -- Created 2013 Ky. Acts ch. 25, sec. 8, effective June 25, 2013.

KRS 529.140 Human trafficking victims fund

529.140. Human trafficking victims fund (1) The "human trafficking victims fund," referred to in this section as the "fund," is created as a separate revolving fund within the Office of the Attorney General. (2) The fund shall consist of proceeds from assets seized and forfeited pursuant to KRS 529.150; proceeds from the fee in KRS 529.130; proceeds from penalties collected under KRS 183.075, 219.085, 277.410, and 281.767; grants; contributions; appropriations; and any other moneys that may be made available for purposes of the fund. (3) Moneys in the fund shall be distributed to agencies serving victims of human trafficking, including but not limited to law enforcement agencies, prosecutorial agencies, and victim service agencies. The Office of the Attorney General shall promulgate administrative regulations to develop procedures for distributing funds pursuant to this section. The administrative regulations shall require that: (a) The Office of the Attorney General use funds received to maintain programs for the prevention of human trafficking, provide education, training, or public outreach programs about human trafficking, and conduct human trafficking investigations. The Office of the Attorney General may recoup costs for conducting any programs or trainings; and (b) The Cabinet for Health and Family Services use funds received to serve minor victims of human trafficking under KRS 620.029. (4) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year to be used for the purposes set forth in this section. (5) Any interest earnings on moneys in the fund shall become a part of the fund and shall not lapse to the general fund. (6) Moneys in the fund are hereby appropriated for the purposes set forth in this section. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 61, sec. 10, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 75, sec. 9, effective July 15, 2020. -- Created 2013 Ky. Acts ch. 25, sec. 9, effective June 25, 2013.

KRS 529.150 Forfeiture of property used in connection with human trafficking -- Distribution of proceeds

529.150. Forfeiture of property used in connection with human trafficking -- Distribution of proceeds (1) All property used in connection with or acquired as a result of a violation of KRS 529.100 or 529.110 shall be subject to forfeiture under the same terms, conditions, and defenses and using the same process as set out in KRS 218A.405 to 218A.460, with the exception of the distribution of proceeds, which shall be distributed as required in this section. (2) Proceeds from the assets seized and forfeited shall be distributed as follows: (a) Fifty percent (50%) shall be paid to the human trafficking victims fund; (b) Forty-two and one-half percent (42.5%) shall be paid to the law enforcement agency or agencies that seized the property, to be used for direct law enforcement purposes; and (c) Seven and one-half percent (7.5%) shall be paid to the Office of the Attorney General or, in the alternative, to the Prosecutors Advisory Council for deposit on behalf of the Commonwealth's attorney or county attorney who has participated in the forfeiture proceeding, as determined by the court pursuant to KRS 218A.420(9). Notwithstanding KRS Chapter 48, these funds shall be exempt from any state budget reduction acts. The moneys identified in this subsection are intended to supplement any funds otherwise appropriated to the recipient and shall not supplant other funding of any recipient. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 25, sec. 10, effective June 25, 2013.

KRS 529.160 Expungement of records relating to violation of chapter when person charged or convicted was a victim of human trafficking at time of offense -- Motion -- Finding -- Presumption

529.160. Expungement of records relating to violation of chapter when person charged or convicted was a victim of human trafficking at time of offense -- Motion -- Finding -- Presumption (1) When a person is charged or convicted under this chapter, or with an offense which is not a violent crime as defined in KRS 17.165, and the person's participation in the offense is determined to be the direct result of being a victim of human trafficking, the person may make a motion in the court in which the charges were filed to expunge all records of the offense. (2) The motion shall be filed no sooner than sixty (60) days following the date the final judgment was entered by the court in which the charges were filed. (3) (a) A motion filed under this section, any hearing conducted on the motion, and any relief granted are governed by KRS 431.076, 431.078, and 431.079 unless otherwise provided in this section. (b) For the purposes of expungement under KRS 431.076, a finding by the court that the person's participation in the offense was a direct result of being a victim of human trafficking shall deem the charges as dismissed with prejudice. (c) No official determination or documentation is required to find that the person's participation in the offense was a direct result of being a victim of human trafficking, but documentation from a federal, state, local, or tribal governmental agency indicating that the defendant was a victim at the time of the offense shall create a presumption that the defendant's participation in the offense was a direct result of being a victim. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 70, sec. 1, effective July 15, 2014.

KRS 529.170 Being victim of human trafficking is affirmative defense to violation of chapter

529.170. Being victim of human trafficking is affirmative defense to violation of chapter A person charged under this chapter, or charged with an offense which is not a violent crime as defined in KRS 17.165, may assert being a victim of human trafficking as an affirmative defense to the charge. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 70, sec. 2, effective July 15, 2014.

KRS 529.180 Conditions that are not a defense in prosecution involving commercial sexual activity

529.180. Conditions that are not a defense in prosecution involving commercial sexual activity In any prosecution under KRS 529.100 or 529.110 involving commercial sexual activity, it shall not be a defense that: (1) The defendant was unaware of the minor's actual age; (2) A minor consented to engage in commercial sexual activity; (3) The intended victim of the offense is a law enforcement officer posing as a minor as part of a criminal investigation or operation; (4) The solicitation was unsuccessful, the conduct was not engaged in, or the law enforcement officer could not engage in the solicited offense; or (5) The victim is charged with an offense. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 75, sec. 10, effective July 15, 2020. -- Created 2015 Ky. Acts ch. 122, sec. 3, effective June 24, 2015.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39397Fetched: 10/20/2026