76-5c-215. Distributing obscene animal abuse 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 obscene animal abuse material if the actor: sends or brings obscene animal abuse material into the state with intent to distribute or exhibit the obscene animal abuse material to another individual; prepares, publishes, prints, or possesses obscene animal abuse material with intent to distribute or exhibit the obscene animal abuse material to another individual; distributes or offers to distribute, or exhibits or offers to exhibit, obscene animal abuse material to another individual; writes, creates, or solicits the publication or advertising of obscene animal abuse material; or promotes the distribution or exhibition of obscene animal abuse material or material that the actor represents to be obscene animal abuse material.
(3) A violation of Subsectionis a third degree felony if the actor is 18 years old or older and is subject to: (2) 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. A violation of Subsectionis a class A misdemeanor if the actor is 16 or 17 years old. (2) 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 in which a publication containing obscene animal abuse material 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 obscene animal abuse material described in Subsection. (2)
(5) This section does not apply to an internet service provider if: the distribution of obscene animal abuse 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 obscene animal abuse material; and the internet service provider does not knowingly receive funds from or through a person who distributes the obscene animal abuse material in exchange for permitting the person to distribute the obscene animal abuse material. This section does not apply to a hosting company if: the distribution of obscene animal abuse 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 obscene animal abuse material; and the hosting company does not knowingly receive funds from or through a person who distributes the obscene animal abuse material in exchange for permitting the person to distribute, store, or cache the obscene animal abuse material.