| (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-103Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.Lacks capacity to consent: is a s defined in Section 76-5-111. See Utah Code 76-5b-103Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5Property: includes both real and personal property. See Utah Code 68-3-12.5State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5Vulnerable adult: is a s defined in Subsection 76-5-111(1). See Utah Code 76-5b-103Vulnerable adult 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 vulnerable adult engaging in sexually explicit conduct; |
| (b) | the visual depiction is of a vulnerable adult engaging in sexually explicit conduct; or |
| (c) | the visual depiction has been created, adapted, or modified to appear that an identifiable vulnerable adult is engaging in sexually explicit conduct. See Utah Code 76-5b-103 |
| (2) |
An actor commits sexual exploitation of a vulnerable adult if the actor:
| (a) |
| (i) |
| (A) |
knowingly produces, possesses, or possesses with intent to distribute material that the actor knows is vulnerable adult sexual abuse material; or |
| (B) |
intentionally distributes or views material that the actor knows is vulnerable adult sexual abuse material; and |
|
| (ii) |
the vulnerable adult who appears in, or is depicted in, the vulnerable adult sexual abuse material lacks capacity to consent to the conduct described in Subsection (2)(a); or |
|
| (b) |
is a vulnerable adult’s legal guardian and knowingly consents to, or permits the vulnerable adult to be, sexually exploited as described in Subsection (2)(a). |
|
| (3) |
| (a) |
A violation of Subsection (2) is a third degree felony. |
| (b) |
It is a separate offense under this section:
| (i) |
for each vulnerable adult depicted in the vulnerable adult sexual abuse material; and |
| (ii) |
for each time the same vulnerable adult is depicted in different vulnerable adult sexual abuse material. |
|
|
| (4) |
It is an affirmative defense to a charge of violating this section that no vulnerable adult was actually depicted in the visual depiction or used in producing or advertising the visual depiction. |
| (5) |
In proving a violation of this section in relation to an identifiable vulnerable adult, proof of the actual identity of the identifiable vulnerable adult is not required. |
| (6) |
This section may not be construed to impose criminal or civil liability on:
| (a) |
any 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 any federal or state law; or |
| (ii) |
implementing a policy of attempting to prevent the presence of vulnerable adult sexual abuse material on any tangible or intangible property, or of detecting and reporting the presence of vulnerable adult sexual abuse material on the property; or |
|
| (b) |
any law enforcement officer acting within the scope of a criminal investigation. |
|
Amended by Chapter 231, 2023 General Session
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