76-5-111.3. Personal dignity exploitation of a vulnerable adult -- Penalties.
(1) As used in this section, "abuse," "caretaker," "exploitation," "neglect," and "vulnerable adult" all mean the same as those terms are defined in Section. 76-5-111 Terms defined in Sectionapply to this section. 76-1-101.5
(2) Except as provided in Subsection, an actor commits personal dignity exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and intentionally, knowingly, or recklessly: (4) creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult: to which creation, transmission, or display a reasonable person would not consent; and that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or pubic area; that displays the clothed area of only the vulnerable adult's breasts, buttocks, anus, genitals, or pubic area; or that shows the vulnerable adult engaged in conduct that is harmful to the mental or physical health or safety of the vulnerable adult; or causes the vulnerable adult to participate in an act that is highly offensive or demeaning to the vulnerable adult: in which a reasonable person would not participate; or that is harmful to the mental or physical health or safety of the vulnerable adult.
(3) A violation of Subsectionis a class A misdemeanor if done intentionally or knowingly. (2) A violation of Subsectionis a class B misdemeanor if done recklessly. (2) It is a separate offense under Subsectionfor each vulnerable adult included in a photographic or electronic image or recording created, transmitted, or displayed in violation of Subsection. (2)(a) (2)(a) It is a separate offense under Subsectionfor each vulnerable adult caused to participate in an act in violation of Subsection. (2)(b) (2)(b)
(4) A caretaker does not violate Subsectionif the caretaker creates, transmits, or displays the photographic or electronic image or recording: (2)(a) with the consent of the vulnerable adult, if the vulnerable adult: is mentally and physically able to give voluntary consent to the creation, transmission, or display; and gives voluntary consent for the creation, transmission, or display; for a legitimate purpose relating to monitoring or providing care, treatment, or diagnosis; or for a legitimate purpose relating to investigating abuse, neglect, or exploitation. A caretaker does not violate Subsectionif: (2)(b) the vulnerable adult: is mentally and physically able to give voluntary consent to participate in the act; and gives voluntary consent to participate in the act; or the caretaker causes the vulnerable adult to participate in the act for a legitimate purpose relating to: monitoring or providing care, treatment, or diagnosis; or investigating abuse, neglect, or exploitation.
(5) It is not a defense that the vulnerable adult was unaware of: the creation, transmission, or display prohibited under Subsection; or (2)(a) participation in the act, or the nature of participation in the act, under Subsection. (2)(b) It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult.