ASHLAND — State Rep. Kevin Sinnette has pre-filed and is sponsoring legislation aimed at closing what he says is a major loophole in Kentucky’s child-pornography laws.
The bill would make the viewing of child pornography illegal in the commonwealth. Under the current laws, it is technically legal to watch child pornography, but illegal to possess or distribute it, Sinnette said.
“In other words, it is legal to watch it online, but it is illegal to download it onto your computer,”?Sinnette said. “Or, if someone has a gathering and several individuals are sitting around watching child pornography, the only person who can be charged is the owner of the video.”
Sinnette, D-Ashland, who represents the 100th District in the House, said he decided to sponsor the bill because he found the notion of it being legal for people to watch child pornography “quite disturbing.”
Sinnette said he learned of the loophole in the current state statutes from Sgt. Ryan Conley, who conducts investigations involving online exploitation of minors for the Ashland Police Department.
Sinnette said Conley told him closing the loophole would make it easier for police to track individuals who consistently view child pornography online without actually downloading the videos to their computers. Additionally, he said, the measure would give police the ability to charge everyone associated with the viewing of child pornography if it was being viewed by multiple individuals at one location.
The bill would make the viewing of child pornography a Class D felony carrying a possible prison sentence of one to five years. That’s the same classification as for distributing and possessing child pornography.
“It is my opinion that any individual who views this material is just as guilty as the person who possessed it, downloaded it or distributed it and, therefore, it should have the same penalty associated with it,” Sinnette said.
Kentucky law already provides for prison sentences ranging from 20 years to life for those involved in the production of child pornography. Use of a minor in a sexual performance is a Class C felony if the child involved is younger than 18, a Class B felony if the child is younger than 16 and a Class A felony if the youngsters incurs physical injury while engaging in the prohibited activity.
KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.
