76-5c-206. Aiding or abetting a minor in distributing material harmful to minors.
(1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-5c-101 76-5c-201
(2) An actor commits aiding or abetting a minor in distributing material harmful to minors if: the actor is 18 years old or older; and the actor knowingly solicits, requests, commands, encourages, or intentionally aids a minor to: intentionally distribute or offer to distribute, or exhibit or offer to exhibit, material harmful to minors to an individual; intentionally produce, perform, or direct any performance, before an individual that is harmful to minors; or intentionally participate in any performance, before an individual that is harmful to minors; and the minor described in Subsectionknows or believes the individual described in Subsectionsthrough (iii) is a minor; or (2)(b) (2)(b)(i) the minor described in Subsection (2)(b) negligently fails to determine if the individual described in Subsections (2)(b)(i) through (iii) is a minor and the individual is a minor.
(3) A violation of Subsectionis a third degree felony subject to: (2) a minimum mandatory fine of not less than $5,000, plus $10 for each article exhibited up to the maximum allowed by law; and incarceration, without suspension of sentence, for a term of not less than one year.
(4) This section does not apply to an Internet service provider, a provider of an electronic communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service, information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if: the distribution of pornographic material by the Internet service provider occurs only incidentally through the 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 provider does not intentionally aid or abet in the distribution of the pornographic material; and the provider does not knowingly receive from or through a person who distributes the pornographic material a fee greater than the fee generally charged by the provider, as a specific condition 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 from or through a person who distributes the pornographic material a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute, store, or cache the pornographic material.
(5) An Internet service provider is not negligent under this section if the Internet service provider complies with Section. 76-5c-402
(6) It is an affirmative defense to prosecution for a violation of this section if the violation arises from displaying or exhibiting an outer portion of material that the material is: in a sealed opaque wrapper that covers at least the lower 2/3 of the material so that the lower 2/3 of the material is concealed from view; placed behind a blinder rack; or displayed in an area from which a minor is physically excluded; and the material cannot be viewed by the minor from an area where the minor is allowed.
(7) Subsection (3) supersedes Section. 77-18-105