Purcell v. Commonwealth

Opinion of the Court by

Justice COOPER.

Appellant, Jerel Purcell, photographed a nude male child under the age of sixteen, and was subsequently convicted by a Fleming Circuit Court jury of promoting a sexual performance by a minor, KRS 531.320, and sentenced to ten years in prison. The Court of Appeals affirmed and we granted discretionary review. Appellant asserts (1) that subsection (b) of KRS 531.300(4) (definition of “sexual conduct by a minor”) is unconstitutionally vague and overbroad; (2) that the instruction under which he was convicted violated his right to a unanimous verdict; and (3)…