(1) Any person who violates KRS 531.125 shall be personally liable for actual and punitive damages, court costs, and reasonable attorney's fees in a civil cause of action brought against an alleged perpetrator by a:
- (a) Victim or the personal representative of his or her estate; or
- (b) Victim's parent or legal guardian on behalf of a victim who is a minor.
- (2) The action may be filed in the Circuit Court for the county where the alleged violation occurred or the county where the victim resides.
- (3) An individual found liable under this section shall be jointly and severally liable with each other person, if any, found liable under this section for the damages arising from the same violation of KRS 531.125.
(4) Nothing in this section shall be construed to impose liability on:
- (a) When acting in its capacity as a provider of those services, a: 1. Broadband internet access service provider; 2. Telecommunications service provider, an interconnected VoIP service provider, or a mobile service provider as defined in 47 U.S.C. sec. 153; 3. Commercial mobile service provider as defined in 47 U.S.C. sec. 332; or 4. Cable operator as defined in 47 U.S.C. sec. 522; or
- (b) An interactive computer service, as defined in 47 U.S.C. sec. 230, related to content provided by a user of the interactive computer service.
Effective: June 27, 2025
History: Created 2025 Ky. Acts ch. 9, sec. 2, effective June 27, 2025.