76-5-111.3. Personal dignity exploitation of a vulnerable adult — Penalties.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 | | class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-5-111.3
| (a) |
As used in this section, “abuse,” “caretaker,” “exploitation,” “neglect,” and “vulnerable adult” all mean the same as those terms are defined in Section 76-5-111. |
| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
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| (2) |
Except as provided in Subsection (4), an actor commits personal dignity exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and intentionally, knowingly, or recklessly:
| (a) |
creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult:
| (i) |
to which creation, transmission, or display a reasonable person would not consent; and |
| (ii) |
| (A) |
that shows the vulnerable adult’s unclothed breasts, buttocks, anus, genitals, or pubic area; |
| (B) |
that displays the clothed area of only the vulnerable adult’s breasts, buttocks, anus, genitals, or pubic area; or |
| (C) |
that shows the vulnerable adult engaged in conduct that is harmful to the mental or physical health or safety of the vulnerable adult; or |
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| (b) |
causes the vulnerable adult to participate in an act that is highly offensive or demeaning to the vulnerable adult:
| (i) |
in which a reasonable person would not participate; or |
| (ii) |
that is harmful to the mental or physical health or safety of the vulnerable adult. |
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| (3) |
| (a) |
| (i) |
A violation of Subsection (2) is a class A misdemeanor if done intentionally or knowingly. |
| (ii) |
A violation of Subsection (2) is a class B misdemeanor if done recklessly. |
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| (b) |
| (i) |
It is a separate offense under Subsection (2)(a) for each vulnerable adult included in a photographic or electronic image or recording created, transmitted, or displayed in violation of Subsection (2)(a). |
| (ii) |
It is a separate offense under Subsection (2)(b) for each vulnerable adult caused to participate in an act in violation of Subsection (2)(b). |
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| (4) |
| (a) |
A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits, or displays the photographic or electronic image or recording:
| (i) |
with the consent of the vulnerable adult, if the vulnerable adult:
| (A) |
is mentally and physically able to give voluntary consent to the creation, transmission, or display; and |
| (B) |
gives voluntary consent for the creation, transmission, or display; |
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| (ii) |
for a legitimate purpose relating to monitoring or providing care, treatment, or diagnosis; or |
| (iii) |
for a legitimate purpose relating to investigating abuse, neglect, or exploitation. |
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| (b) |
A caretaker does not violate Subsection (2)(b) if:
| (i) |
the vulnerable adult:
| (A) |
is mentally and physically able to give voluntary consent to participate in the act; and |
| (B) |
gives voluntary consent to participate in the act; or |
|
| (ii) |
the caretaker causes the vulnerable adult to participate in the act for a legitimate purpose relating to:
| (A) |
monitoring or providing care, treatment, or diagnosis; or |
| (B) |
investigating abuse, neglect, or exploitation. |
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| (5) |
| (a) |
It is not a defense that the vulnerable adult was unaware of:
| (i) |
the creation, transmission, or display prohibited under Subsection (2)(a); or |
| (ii) |
participation in the act, or the nature of participation in the act, under Subsection (2)(b). |
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| (b) |
It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult. |
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Enacted by Chapter 181, 2022 General Session
