(1)  Any person who knowingly or by criminal negligence distributes for exhibition within this state a film which is pornographic as that term is defined in the Utah criminal code shall be guilty of a class A misdemeanor and shall, for each separate offense, be fined not less than $1,000 and imprisoned, without suspension of sentence in any way, for a term of not less than 60 days.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
felony of the third degreeup to 5 yearsup to $5,000
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-203 and Utah Code § 76-3-204
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Terms Used In Utah Code 76-10-1222

  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)  Any person convicted of a violation of this section who has been convicted before of a violation of this section, shall be guilty of a felony of the third degree and shall, for each separate offense, be fined not less than $5,000 and imprisoned, without suspension of sentence in any way, for a term of not less than six months.

(3)  Each copy of a pornographic film distributed for exhibition within this state in violation of this section shall constitute a separate offense.

Enacted by Chapter 93, 1977 General Session