Part 1 General Provisions 76-5b-101 – 76-5b-103
Part 2 Sexual Exploitation 76-5b-201 – 76-5b-205
Part 3 Miscellaneous 76-5b-301 – 76-5b-302
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Terms Used In Utah Code > Title 76 > Chapter 5b - Sexual Exploitation Act

  • 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
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. 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
  • Commission: means the State Tax Commission. See Utah Code 35A-9-601
  • Conduct: means an act or omission. See Utah Code 76-1-101.5
  • Conviction: A judgement of guilt against a criminal defendant.
  • Dangerous weapon: means :Utah Code 76-1-101.5
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
  • Dependent: A person dependent for support upon another.
  • 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
  • Federal earned income tax credit: means the federal earned income tax credit:
    (a) described in Section 32, Internal Revenue Code; and
    (b) that a qualifying individual claims and is eligible to claim on the federal income tax return for the taxable year. See Utah Code 35A-9-601
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Identifiable vulnerable adult: means a person:
    (a) 
    (i) who was a vulnerable adult at the time the visual depiction was created, adapted, or modified; or
    (ii) whose image as a vulnerable adult 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.
  • Intergenerational poverty: means poverty in which two or more successive generations of a family continue in the cycle of poverty and government dependance. See Utah Code 35A-9-102
  • Juror: A person who is on the jury.
  • Lacks capacity to consent: is a s defined in Section 76-5-111. See Utah Code 76-5b-103
  • Live performance: means any act, play, dance, pantomime, song, or other activity performed by live actors in person. See Utah Code 76-5b-103
  • Match: means the monetary amount described in Subsection 35A-9-603(2). See Utah Code 35A-9-601
  • Minor: means a person younger than 18 years old. 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
  • Person: means :Utah Code 68-3-12.5
  • Plan: means the Utah Educational Savings Plan created in Section 53B-8a-103. See Utah Code 35A-9-601
  • Poverty: means the state of a person who lacks a usual or socially acceptable amount of money or material possessions as demonstrated by the person's income level being at or below the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services in the Federal Register. See Utah Code 35A-9-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Produce: means :
    (a) the photographing, filming, taping, directing, producing, creating, designing, or composing of child sexual abuse material or vulnerable adult sexual abuse material; or
    (b) the securing or hiring of persons to engage in the photographing, filming, taping, directing, producing, creating, designing, or composing of child sexual abuse material or vulnerable adult sexual abuse material. See Utah Code 76-5b-103
  • Program: means the Education Savings Incentive Program created in Section 35A-9-603. See Utah Code 35A-9-601
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public assistance: means :
    (a) services or benefits provided under Chapter 3, Employment Support Act;
    (b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;
    (c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;
    (d) SNAP benefits; and
    (e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102
  • Qualifying individual: means an individual who the department identifies as experiencing intergenerational poverty and who has not been disqualified from participating in the program for overclaiming a match in a previous year. See Utah Code 35A-9-601
  • 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
  • Simulated sexually explicit conduct: means a feigned or pretended act of sexually explicit conduct which duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct. See Utah Code 76-5b-103
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vulnerable adult: is a s defined in Subsection 76-5-111(1). See Utah Code 76-5b-103
  • Vulnerable 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
  • 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