76-5c-208. Pornographic or indecent material on school property.
(1) As used in this section: "Description or depiction of illicit sex or sexual immorality" means the same as that term is defined in Section. 76-5c-207 "Nude or partially denuded figure" means the same as that term is defined in Section. 76-5c-207 "Pornographic or indecent material" means any material that: is harmful to minors; is pornographic; is a description of or depiction of illicit sex or sexual immorality; contains a nude or partially denuded figure; or is obscene animal abuse material. "School property" means property, including land and improvements, that a school district or charter school owns, leases, or occupies. Terms defined in Sections,, andapply to this section. 76-1-101.5 76-5c-101 76-5c-201
(2) Under circumstances not amounting to an offense listed in Subsection, an actor commits pornographic or indecent material on school property if: (4) the actor intentionally or knowingly creates, views, or otherwise gains access to pornographic or indecent material; and the actor is present on school property when creating, viewing, or otherwise gaining access to the material described in Subsection. (2)(a)
(3) Except as provided in Subsection, a violation of Subsectionis a class A misdemeanor if the actor is 18 years old or older. (3)(b) (2) A violation of Subsectionis a class B misdemeanor if the actor is younger than 18 years old. (2)
(4) The offenses referred to in Subsectionare: (2) distributing pornographic material as described in Section; 76-5c-202 aiding or abetting a minor in distributing pornographic material or obscene animal abuse material as described in Section; 76-5c-203 inducing acceptance of pornographic material or obscene animal abuse material as described in Section; 76-5c-204 distributing material harmful to minors as described in Section; 76-5c-205 aiding or abetting a minor in distributing material harmful to minors as described in Section; 76-5c-206 indecent public display in the presence of a minor as described in Section; or 76-5c-207 distributing obscene animal abuse material as described in Section. 76-5c-215
(5) This section does not: prohibit disciplinary action for actions that violate this section; or apply to school or law enforcement personnel when the school or law enforcement personnel views or otherwise gains access to pornographic or indecent material while on school property for the limited purpose of: investigating a violation of this section; or enforcing this section.