76-5b-201.  Sexual exploitation of a minor — Offenses.

(1)  Terms defined in Section 76-1-101.5 apply to this section.

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Terms Used In Utah Code 76-5b-201

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Child sexual abuse material: 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. See Utah Code 76-5b-103
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Identifiable minor: means a person:
    (a) 
    (i) who was a minor at the time the visual depiction was created, adapted, or modified; or
    (ii) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
    (b) 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. See Utah Code 76-5b-103
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Juror: A person who is on the jury.
  • Minor: means a person younger than 18 years old. See Utah Code 76-5b-103
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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)  An actor commits sexual exploitation of a minor when the actor knowingly possesses or intentionally views child sexual abuse material.

    (3) 

    (a)  A violation of Subsection (2) is a second degree felony.

    (b)  It is a separate offense under this section:

    (i)  for each minor depicted in the child sexual abuse material; and

    (ii)  for each time the same minor is depicted in different child sexual abuse material.

    (4) 

    (a)  It is an affirmative defense to a charge of violating this section that no minor was actually depicted in the visual depiction or used in producing or advertising the visual depiction.

    (b)  For a charge of violating this section, it is an affirmative defense that:

    (i)  the defendant:

    (A)  did not solicit the child sexual abuse material from the minor depicted in the child sexual abuse material;

    (B)  is not more than two years older than the minor depicted in the child sexual abuse material; and

    (C)  upon request of a law enforcement agent or the minor depicted in the child sexual abuse material, removes from an electronic device or destroys the child sexual abuse material and all copies of the child sexual abuse material in the defendant’s possession; and

    (ii)  the child sexual abuse material does not depict an offense under 4.

    (5)  In proving a violation of this section in relation to an identifiable minor, proof of the actual identity of the identifiable minor is not required.

    (6)  The following are not criminally or civilly liable under this section when acting in good faith compliance with Section 77-4-201:

    (a)  an entity or an employee, director, officer, or agent of an entity when acting within the scope of employment, for the good faith performance of:

    (i)  reporting or data preservation duties required under federal or state law; or

    (ii)  implementing a policy of attempting to prevent the presence of child sexual abuse material on tangible or intangible property, or of detecting and reporting the presence of child sexual abuse material on the property;

    (b)  a law enforcement officer acting within the scope of a criminal investigation;

    (c)  an employee of a court who may be required to view child sexual abuse material during the course of and within the scope of the employee’s employment;

    (d)  a juror who may be required to view child sexual abuse material during the course of the individual’s service as a juror;

    (e)  an attorney or employee of an attorney who is required to view child sexual abuse material during the course of a judicial process and while acting within the scope of employment;

    (f)  an employee of the Department of Health and Human Services who is required to view child sexual abuse material within the scope of the employee’s employment; or

    (g)  an attorney who is required to view child sexual abuse material within the scope of the attorney’s responsibility to represent the Department of Health and Human Services, including the divisions and offices within the Department of Health and Human Services.

    Amended by Chapter 231, 2023 General Session
    Amended by Chapter 330, 2023 General Session

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