76-5c-202. Distributing pornographic material.
(1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-5c-101 76-5c-201
(2) An actor commits distributing pornographic material if the actor knowingly: sends or brings pornographic material into the state with intent to distribute or exhibit the pornographic material to another individual; prepares, publishes, prints, or possesses pornographic material with intent to distribute or exhibit the pornographic material to another individual; distributes or offers to distribute, or exhibits or offers to exhibit, pornographic material to another individual; writes, creates, or solicits the publication or advertising of pornographic material; promotes the distribution or exhibition of material the actor represents to be pornographic; or presents or directs a pornographic performance in a public place or a place exposed to public view or participates in that portion of the performance which makes the performance pornographic.
(3) Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a third degree felony if the actor is 18 years old or older and is subject to: a minimum mandatory fine of not less than $1,000, plus $10 for each article exhibited up to the maximum allowed by law; and incarceration, without suspension of sentence in any way, for a term of not less than 30 days. Except as provided in Subsection (3)(c), a violation of Subsection (2) is a class A misdemeanor if the actor is 16 or 17 years old. A violation of Subsectionis a class B misdemeanor if the actor is younger than 16 years old. (2)
(4) It is a separate offense under this section for: each day's exhibition of a pornographic motion picture film; each day in which a pornographic publication is displayed or exhibited in a public place with intent to distribute or exhibit the publication to another individual; or each act of distributing of pornographic material described in Subsection (2).
(5) This section does not apply to an Internet service provider if: the distribution of pornographic material by the Internet service provider occurs only incidentally through the Internet service provider's function of: transmitting or routing data from one person to another person; or providing a connection between one person and another person; the Internet service provider does not intentionally aid or abet in the distribution of the pornographic material; and the Internet service provider does not knowingly receive funds from or through a person who distributes the pornographic material in exchange for permitting the person to distribute the pornographic material. This section does not apply to a hosting company if: the distribution of pornographic material by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person; the hosting company does not intentionally engage, aid, or abet in the distribution of the pornographic material; and the hosting company does not knowingly receive funds from or through a person who distributes the pornographic material in exchange for permitting the person to distribute, store, or cache the pornographic material.
(6) Subsection (3)(a) supersedes Section. 77-18-105