Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 76. Table of Contents]
76-5a-1 Legislative determinations - Purpose of chapter.
The Legislature of Utah determines that the sexual exploitation
of minors is excessively harmful to their physiological,
emotional, social, and mental development; that minors cannot
intelligently and knowingly consent to sexual exploitation;
that regardless of whether it is classified as legally obscene,
material that sexually exploits minors is not protected by
the First Amendment of the United States Constitution or
by the First or Fifteenth sections of Article I of the Utah
Constitution and may be prohibited; and that prohibition
of and punishment for the distribution, possession, possession
with intent to distribute, and production of materials that
sexually exploit minors is necessary and justified to eliminate
the market for those materials and to reduce the harm to
the minor inherent in the perpetuation of the record of his
sexually exploitive activities. It is the purpose of this
chapter to prohibit the production, possession, possession
with intent to distribute, and distribution of materials
which sexually exploit minors, regardless of whether the
materials are classified as legally obscene.
1985
76-5a-2 Definitions.
As used in this chapter:
(1) "Child pornography" means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
(a) the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct;
(b) the visual depiction is of a minor engaging in sexually explicit conduct; or
(c) the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
(2) "Distribute" means the selling, exhibiting, displaying, wholesaling, retailing, providing, giving, granting admission to, or otherwise transferring or presenting child pornography with or without consideration.
(3) "Identifiable minor":
(a) means a person:
(i) (A) who was a minor at the time the visual depiction was created, adapted, or modified; or
(B) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
(ii) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature; and
(b) does not require proof of the actual identity of the identifiable minor.
(4) "Live performance" means any act, play, dance, pantomime, song, or other activity performed by live actors in person.
(5) "Minor" means a person younger than 18 years of age.
(6) "Nudity or partial nudity" means any state of dress or undress in which the human genitals, pubic region, buttocks, or the female breast, at a point below the top of the areola, is less than completely and opaquely covered.
(7) "Produce" means the photographing, filming, taping, directing, producing, creating, designing, or composing of child pornography or the securing or hiring of persons to engage in the production of child pornography.
(8) "Sexually explicit conduct" means actual or simulated:
(a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(b) masturbation;
(c) bestiality;
(d) sadistic or masochistic activities;
(e) lascivious exhibition of the genitals or pubic area of any person;
(f) the visual depiction of nudity or partial nudity for the purpose of causing sexual arousal of any person;
(g) the fondling or touching of the genitals, pubic region, buttocks, or female breast; or
(h) the explicit representation of the defecation or urination functions.
(9) "Simulated sexually explicit conduct" means a feigned
or pretended act of sexually explicit conduct which duplicates,
within the perception of an average person, the appearance
of an actual act of sexually explicit conduct.
2001
76-5a-3 Sexual exploitation of a minor - Offenses.
(1) A person is guilty of sexual exploitation of a minor:
(a) when the person knowingly produces, distributes, possesses, or possesses with intent to distribute, child pornography; or
(b) if the person is a minor's parent or legal guardian and knowingly consents to or permits that minor to be sexually exploited under Subsection (1)(a).
(2) Sexual exploitation of a minor is a felony of the second degree.
(3) It is a separate offense under this section:
(a) for each minor depicted, and if more than one minor is depicted in the child pornography in violation of this section, the depiction of each individual minor in the child pornography is a separate offense; and
(b) each time the same minor is depicted in different child pornography.
(4) It is an affirmative defense to a charge of violating
this section that no person under 18 years of age was actually
depicted in the visual depiction or used in producing or
advertising the visual depiction.
2001
76-5a-4 Determination whether material violates chapter.
In determining whether material is in violation of this
chapter, the material need not be considered as a whole,
but may be examined by the trier of fact in part only. It
is not an element of the offense of sexual exploitation of
a minor that the material appeal to the prurient interest
in sex of the average person nor that prohibited conduct
need be portrayed in a patently offensive manner.
1985
