76-5b-203.5. Misuse of intimate image during a criminal action.
| (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 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-5b-203.5- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5
| (a) |
As used in this section:
| (i) |
“Criminal action” means the same as that term is defined in Section 77-1-3. |
| (ii) |
“Intimate image” means the same as that term is defined in Section 76-5b-203. |
|
| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
|
| (2) |
An actor commits misuse of an intimate image during a criminal action if the actor:
| (a) |
obtains access to an intimate image in the course of a criminal action; and |
| (b) |
intentionally displays, duplicates, copies, or shares the intimate image, unless:
| (i) |
displaying, duplicating, copying, or sharing the intimate image is done solely for the purpose of the adjudication, defense, prosecution or investigation of a criminal matter involving the intimate image; |
| (ii) |
each individual who is the subject of the intimate image gives written permission to display, duplicate, copy, or share the intimate image; or |
| (iii) |
the intimate image was not created by or provided to the actor under circumstances in which the depicted individual has a reasonable expectation of privacy. |
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|
| (3) |
A violation of Subsection (2) is:
| (a) |
a class A misdemeanor for a first offense; or |
| (b) |
a third degree felony for each subsequent offense. |
|
| (4) |
Nothing in this section precludes an agency that employs an individual who is involved in a criminal action from establishing internal policies for an individual’s violation of this section. |
Amended by Chapter 181, 2022 General Session
