Terms Used In Utah Code 76-5b-203

• Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
• Conduct: means an act or omission. See Utah Code 76-1-101.5
• Conviction: A judgement of guilt against a criminal defendant.
• Distribute: means the selling, exhibiting, displaying, wholesaling, retailing, providing, giving, granting admission to, or otherwise transferring or presenting child sexual abuse material or vulnerable adult sexual abuse material with or without consideration. See Utah Code 76-5b-103
• Nudity or partial nudity: means any state of dress or undress in which the human genitals, pubic region, buttocks, or the female breast, at a point below the top of the areola, is less than completely and opaquely covered. See Utah Code 76-5b-103
• 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
• Sexually explicit conduct: means actual or simulated:

  (a)	sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

  (b)	masturbation;

  (c)	bestiality;

  (d)	sadistic or masochistic activities;

  (e)	lascivious exhibition of the genitals, pubic region, buttocks, or female breast of any person;

  (f)	the visual depiction of nudity or partial nudity for the purpose of causing sexual arousal of any person;

  (g)	the fondling or touching of the genitals, pubic region, buttocks, or female breast; or

  (h)

  the explicit representation of the defecation or urination functions. See Utah Code 76-5b-103

  (a)

  As used in this section: (i)  “Distribute” means selling, exhibiting, displaying, wholesaling, retailing, providing, giving, granting admission to, providing access to, or otherwise transferring or presenting an image to another individual, with or without consideration. (ii)  “Intimate image” means any visual depiction, photograph, film, video, recording, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, that depicts: (A)  exposed human male or female genitals or pubic area, with less than an opaque covering; (B)  a female breast with less than an opaque covering, or any portion of the female breast below the top of the areola; or (C)  the individual engaged in any sexually explicit conduct. (iii)  “Sexually explicit conduct” means actual or simulated: (A)  sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B)  masturbation; (C)  bestiality; (D)  sadistic or masochistic activities; (E)  exhibition of the genitals, pubic region, buttocks, or female breast of any individual; (F)  visual depiction of nudity or partial nudity; (G)  fondling or touching of the genitals, pubic region, buttocks, or female breast; or (H)  explicit representation of the defecation or urination functions. (iv)  “Simulated sexually explicit conduct” means a feigned or pretended act of sexually explicit conduct that duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct. (v)  “Single criminal episode” means the same as that term is defined in Section 76-1-401.

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