(1)  The Legislature of Utah determines that:

Terms Used In Utah Code 76-5b-102

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Distribute: means the selling, exhibiting, displaying, wholesaling, retailing, providing, giving, granting admission to, or otherwise transferring or presenting child pornography or vulnerable adult pornography with or without consideration. See Utah Code 76-5b-103
  • Lacks capacity to consent: is a s defined in Subsection 76-5-111(1). See Utah Code 76-5b-103
  • Minor: means a person younger than 18 years of age. See Utah Code 76-5b-103
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Vulnerable adult: is a s defined in Subsection 76-5-111(1). See Utah Code 76-5b-103
(a)  the sexual exploitation of a minor is excessively harmful to the minor’s physiological, emotional, social, and mental development;

(b)  the sexual exploitation of a vulnerable adult who lacks the capacity to consent to sexual exploitation can result in excessive harm to the vulnerable adult’s physiological, emotional, and social well-being;

(c)  a minor cannot intelligently and knowingly consent to sexual exploitation;

(d)  regardless of whether it is classified as legally obscene, material that sexually exploits a minor, or a vulnerable adult who does not have the capacity to consent to sexual exploitation, 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

(e)  prohibition of and punishment for the distribution, possession, possession with intent to distribute, and production of materials that sexually exploit a minor, or a vulnerable adult who lacks the capacity to consent to sexual exploitation, is necessary and justified to eliminate the market for those materials and to reduce the harm to the minor or vulnerable adult inherent in the perpetuation of the record of the minor’s or vulnerable adult’s sexually exploitive activities.

(2)  It is the purpose of this chapter to prohibit the production, possession, possession with intent to distribute, and distribution of materials that sexually exploit a minor, or a vulnerable adult who lacks capacity to consent to sexual exploitation, regardless of whether the materials are classified as legally obscene.

Renumbered and Amended by Chapter 320, 2011 General Session