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529.010 Definitions.
The following definitions apply in this chapter unless the context otherwise requires:
(1) "Advancing prostitution" -- A person "advances prostitution" when acting other
than as a prostitute or as a patron thereof, he 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;
(2) "Commercial sexual activity" means prostitution, participation in the production of
obscene material as set out in KRS Chapter 531, or engaging in a sexually explicit
performance;
(3) "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;
(4) "Force, fraud, or coercion" may only be accomplished by the same means and
methods as a person may be restrained under KRS 509.010;
(5) "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;
(6) "Labor" means work of economic or financial value;
(7) "Profiting from prostitution" -- A person "profits from prostitution" when acting
other than as a prostitute receiving compensation for personally rendered
prostitution services, he 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 participates or is to participate in proceeds of prostitution activity;
(8) "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;
(9) "Sexual conduct" means sexual intercourse or any act of sexual gratification
involving the sex organs; and
(10) "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.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 19, sec. 4, effective June 26, 2007. -- Created
1974 Ky. Acts ch. 406, sec. 250, effective January 1, 1975.
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