Download as PDF
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 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;
(2) "Commercial sexual activity" means prostitution, regardless of whether the
trafficked person can be charged with 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) "Human trafficking victims fund" is the fund created in KRS 529.140;
(7) "Labor" means work of economic or financial value;
(8) "Minor" means a person under the age of eighteen (18) years;
(9) "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;
(10) "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;
(11) "Sexual conduct" means sexual intercourse or any act of sexual gratification
involving the sex organs;
(12) "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
(13) "Victim of human trafficking" is a person who has been subjected to human
trafficking.
Effective: June 25, 2013
History: 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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.