Kentucky Revised Statutes, Chapter 233 — Abatement of Houses of Prostitution

Title XIX — Public Safety and Morals

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-09-01.

Title XIX Public Safety and Morals

Chapter 233 Abatement of Houses of Prostitution

233.010 House of prostitution defined.

As used in this chapter, "house of prostitution" means any building, erection or other place used for the purpose of lewdness, assignation or prostitution. It includes the ground upon which the building stands, and all improvements upon that ground.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-1.

233.020 House of prostitution a nuisance -- To be enjoined and abated.

Any person who erects, establishes, continues, maintains, owns, occupies, leases or subleases a house of prostitution shall be guilty of a nuisance, and the house of prostitution, the furniture, fixtures, musical instruments and all other contents of the house of prostitution are declared a nuisance, and shall be enjoined and abated as provided by this chapter.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-1.

233.030 Commonwealth's or county attorney or citizen may have house of prostitution enjoined.

The Commonwealth's attorney or county attorney, or any citizen of the county in which the house of prostitution is located, may maintain an action in equity in the name of the state, upon the relation of the Commonwealth's attorney, county attorney or citizen, to perpetually enjoin the house of prostitution, the person conducting or maintaining it and the owner or agent of the building or ground upon which it is located.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-2.

233.040 Injunction proceedings to be instituted against persons convicted of keeping house of prostitution.

(1) If any person is convicted in any court of this state of maintaining a house of prostitution, the county attorney or prosecuting attorney of the court in which the conviction has occurred shall, or any citizen of the state may, institute injunction proceedings against that person in a court of equity.

(2) The judgment of conviction shall be warrant for the court of equity issuing an injunction against that person and the premises used as a house of prostitution.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-11.

233.050 Temporary injunction granted if house of prostitution shown to exist.

Upon the presentation of a petition alleging that a house of prostitution exists, the court may grant a temporary injunction without bond, if the existence of the house of prostitution is made to appear to the satisfaction of the court by evidence in the form of affidavit, depositions, oral testimony or otherwise, as the relator may elect. Three (3) days' written notice of the application shall be given the defendant before the hearing. When a temporary injunction has been granted it shall be binding on the defendant throughout the state, and any violation of its provisions shall be a contempt.

Effective: January 2, 1978

History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 214, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-2.

233.060 Repealed, 1992.

[Repealed]

233.070 Witnesses for relator may be granted immunity from prosecution.

The Commonwealth's attorney, county attorney or other attorney representing the relator may, with the approval of the court, grant immunity from prosecution to any witness who testifies for the relator.

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-9.

233.080 Dismissal of action -- Costs if action groundless.

If the complaint is filed by a citizen, it shall be dismissed only upon a sworn statement by the relator and his attorney, setting forth the reasons why the action should be dismissed. Dismissal shall be approved by the Commonwealth's or county attorney in writing or in open court. If the court is of the opinion that the action ought not to be dismissed, it may direct the Commonwealth's or county attorney to prosecute the action to judgment. If an action is continued more than one (1) month, any citizen may be substituted for the relator and prosecute the action to judgment. If the action is brought by a citizen, and the court finds there was no reasonable ground for the action, the costs may be taxed to that citizen.

Effective: January 2, 1978

History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 215, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-3.

233.090 Injunction not to issue if owner tries to prevent nuisance.

No injunction shall issue against an owner, nor shall an order be entered requiring any premises to close or be kept closed, if the owner and his agent have in good faith attempted to prevent those premises from being used as a house of prostitution.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-5.

233.100 Order of abatement -- Fixtures to be sold and building closed -- Sheriff's fees.

(1) If the existence of a house of prostitution is established, an order of abatement shall be entered as a part of the judgment. That order shall direct the removal from the house of prostitution of all fixtures, furniture, musical instruments or other movable property used in conducting the house of prostitution, the sale of them in the manner provided for the sale of chattels under execution, the effectual closing of the premises against their use for any purpose, and keeping them closed for a period of one (1) year, unless sooner released.

(2) The sheriff shall be allowed for sales under this section the same fees as allowed by KRS 64.090 for sales under execution. For all other services under this section the sheriff shall be allowed a reasonable fee by the court to be taxed as part of the costs in the action.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-5.

233.110 Proceeds of sale to pay costs of action -- Residue to defendant.

Proceeds of the sale of the personal property, as provided in KRS 233.100, shall be applied in the payment of the costs of the action and abatement, and the balance, if any, shall be paid to the defendant.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-6.

233.120 Release of premises when cost paid and bond filed -- Termination of action.

If the owner, agent or lessee of premises against which an injunction has been issued, appears in court, pays all costs of the proceeding and files a bond, with surety approved by the clerk and qualified as required by KRS 454.185, in the full value of the premises as ascertained by the court, conditioned that he will immediately abate the house of prostitution and prevent it from being established or kept within a period of one (1) year, the court may, if satisfied of his good faith, order the premises released to the owner, agent or lessee and the order of abatement canceled so far as it relates to the premises. If the bond is given and costs are paid before judgment and the order of abatement, the action shall be terminated as to those premises. The release of the premises under this section shall not release it from any other judgment, lien or liability, to which it may be subject.

Effective: January 2, 1978

History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 216, effective January 2, 1978. -- Amended 1962 Ky. Acts ch. 210, sec. 41. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-7.

233.130 Costs of action a lien on premises -- Personalty to be sold first.

The costs of an action to abate a house of prostitution shall constitute a lien upon the premises and the judgment shall provide for the enforcement of that lien, but any personal property seized under KRS 233.100 shall be sold first and the proceeds applied to the payment of those costs before the realty is sold.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-10.

233.140 Relator's attorney allowed fee.

Whenever a permanent injunction issues or when the case has been disposed of under KRS 233.120, the court shall allow to the attorney for the relator a reasonable fee, which shall be taxed as a part of the costs of the action.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3941m-8.

233.150 Violation of injunction or order -- Trial for.

(1) In case of a violation of any injunction granted under this chapter, the court may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of the court an affidavit, setting out the alleged facts constituting the violation, upon which the court shall cause an order of arrest to issue. The trial may be had upon affidavit, but either party may at any stage of the proceedings demand the production and oral examination of the witnesses.

(2) If any person enters or uses premises directed to be closed as provided in KRS 233.100, he shall be proceeded against as provided in subsection (1) of this section.

Effective: January 2, 1978

History: Amended 1976 (1st Extra Sess.) Ky. Acts ch. 14, sec. 217, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3941m-4, 3941m-5.

233.990 Penalties.

Any person found guilty of violating an injunction granted under this chapter, or of entering or using premises directed to be closed as provided in KRS 233.100, shall be fined not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), or be confined in the county jail not less than three (3) nor more than six (6) months, or both.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3941m-4, 3941m-5.