Title 76, Title 76: Criminal Offenses

76-5b-207. Possession of apparent child sexual abuse material. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-5b-103 (2) An actor commits possession of apparent child sexual abuse material if the actor intentionally or knowingly possesses, views, accesses wi…

76-5b-208. Distribution or production of apparent child sexual abuse material. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-5b-103 (2) An actor commits distribution of apparent child sexual abuse material if the actor intentionally: distributes apparent ch…

76-5b-209. Unlawful activity regarding obscene material depicting the sexual abuse of a minor. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-5b-103 (2) Under circumstances not amounting to an offense under Sectionor, an actor commits unlawful activity regar…

76-5b-301. Determination whether material violates chapter. (1) In determining whether material is in violation of this chapter, the material need not be considered as a whole, but may be examined by the trier of fact in part only. (2) Unless specifically provided in an offense, …

76-5b-302. Lack of knowledge of age not a defense. It is not a defense to an offense described in this chapter that the accused did not know the age of the victim.

76-5b-303. Severability. (1) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court, the remainder of this chapter shall be given effect without the invalid provision or application. (2) Th…

76-5c-101. Definitions. As used in this chapter: (1) "Animal crushing" means actual conduct in which a living non-human mammal, bird, reptile, or amphibian is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury. "Animal cru…

76-5c-102. Evidence related to a material's or performance's literary, artistic, political, or scientific value. (1) In a prosecution under this chapter, where circumstances of production, presentation, sale, dissemination, distribution, exhibition, or publicity indicate that the…

76-5c-103. Relation to other state and local laws. (1) A county, city, or other political subdivision has the right to regulate obscene animal abuse material, pornographic material, or material harmful to minors as this chapter does not proscribe or limit the regulation of obscen…

76-5c-104. Injunctive relief -- Jurisdiction -- Consent to be sued. (1) Subject to Subsections, (c), (d), and (e), a district court has full power, authority, and jurisdiction, upon application by any county attorney or city attorney within the county attorney's or city attorney'…

76-5c-105. Lease void if property used for conduct prohibited by chapter. (1) If a tenant or occupant of real property uses the real property for an activity for which the tenant or occupant or tenant's or occupant's employee is convicted under any provision of this chapter, the …

76-5c-106. Corporate defendants -- Summons -- Subpoena duces tecum. (1) The attendance in court by a corporation for purposes of commencing or prosecuting a criminal action against the corporation under this chapter may be accomplished by the issuance and service of a summons iss…

76-5c-107. Search and seizure -- Affidavit -- Issuance of warrant -- Hearing upon claim that material seized not pornographic or harmful to minors -- Procedures cumulative. (1) An affidavit for a search warrant shall be filed with a magistrate describing with specificity the mate…

76-5c-108. Prosecution by county, district, or city attorney. (1) Subject to Subsection, a prosecution for a violation of this chapter, including for a felony violation, shall be brought by the county attorney or, if within a prosecution district, the district attorney of the cou…

76-5c-109. Affirmative defenses. (1) It is an affirmative defense to a prosecution under this chapter that the distribution of obscene animal abuse material or pornographic material is restricted to institutions or persons having scientific, educational, governmental, or other si…

76-5c-110. Exemptions to chapter. (1) This chapter does not apply to the Department of Corrections or any treatment program by or under contract with the Department of Corrections when the use of material that is pornographic or obscene animal abuse material is limited to the ass…

76-5c-111. Severability clause. (1) If any provision, part, section, or subsection of this chapter or the application of any provision, part, section, or subsection to any person or circumstance is held invalid by a final decision of a court, the remainder of this chapter shall b…

76-5c-201. Definitions. As used in this part: (1) "Hosting company" means the same as that term is defined in Section. 76-5c-401 (2) "Internet service provider" means the same as that term is defined in Section. 76-5c-401

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…

76-5c-203. Aiding or abetting a minor in distributing pornographic material or 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 aiding or abetting a minor in distributing pornographic mate…

76-5c-204. Inducing acceptance of pornographic material or 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 inducing acceptance of pornographic material or obscene animal abuse material if…

76-5c-205. 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 distributing material harmful to minors if the actor: intentionally distributes or offers to distribute, or exhibits o…

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 1…

76-5c-207. Indecent public display in the presence of a minor. (1) As used in this section: "Description or depiction of illicit sex or sexual immorality" means: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy;…

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…

76-5c-209. Possession of a child sex doll. (1) As used in this section, "child sex doll" means a doll, mannequin, or robot: that is anatomically correct, with the features of, or with features that resemble those of, a minor; and that is intended for use in sexual acts. Terms def…

76-5c-210. Distributing or purchasing a child sex doll. (1) As used in this section: "Child sex doll" means the same as that term is defined in Section. 76-5c-209 "Distribute" means to sell, or with or without consideration, offer to sell, advertise, provide, ship, deliver for sh…

76-5c-211. Deactivation of a pornography device filter on a minor's device. (1) As used in this section, "device" means the same as that term is defined in. 78B-6-2601 Terms defined in Sections,, andapply to this section. 76-1-101.5 76-5c-101 76-5c-201 (2) An actor commits deacti…

76-5c-212. Fee owner or intermediate lessor allowing real property to be used for illicit pornographic purposes. (1) As used in this section, "allow" means a failure to exercise the option to void the lease or other title described in Sectionwithin 10 days after the day on which …

76-5c-213. Tenant or occupant failing to exit real property after using the property for obscene animal abuse material or pornographic purposes. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-5c-101 76-5c-201 (2) An actor commits tenant or occupant failin…

76-5c-214. Conspiracy to commit an obscene animal abuse material or pornographic or harmful materials violation. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-5c-101 76-5c-201 (2) An actor commits conspiracy to commit a pornographic or harmful materials …

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 sta…

76-5c-301. Definitions. As used in this part: (1) "Exhibit" means to show in a public place or in a place where the public is admitted, whether or not an admission fee is charged. (2) "Distributor" means a person from which a film is acquired by sale, lease, loan, or any other me…

76-5c-302. Intent of part -- Exemptions from part. (1) It is the intent of this part to prevent the commercial distribution and exhibition of films in this state which are pornographic. (2) The Legislature finds that there is substantial evidence that elements of organized crime …

76-5c-303. Qualification for distribution of films. (1) A distributor that is a corporation shall be qualified to distribute films within this state if: the corporation is a domestic corporation in good standing or a foreign corporation authorized to transact business in this sta…

76-5c-304. Change of registered office or agent by film distributor -- Service of process, notice, or demand on registered agent. (1) A distributor qualified to distribute films in this state may change the distributor's registered office or registered agent in accordance with Ti…

76-5c-304. Change of registered office or agent by film distributor -- Service of process, notice, or demand on registered agent. (1) A distributor qualified to distribute films in this state may change the distributor's registered office or registered agent in accordance with. T…

76-5c-305. Distribution of a pornographic film for exhibition. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-5c-101 76-5c-301 (2) An actor commits distribution of a pornographic film for exhibition if the actor knowingly or with criminal negligence distr…

76-5c-306. Distributing a film without being qualified. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-5c-101 76-5c-301 (2) An actor commits distributing a film without being qualified if the actor knowingly: distributes a film for exhibition; and is not …

76-5c-307. Improperly exhibiting a film. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-5c-101 76-5c-301 (2) An actor commits improperly exhibiting a film if the actor knowingly: exhibits a film; and did not acquire the film from a distributor qualified t…

76-5c-401. Definitions. As used in this part: (1) "Consumer" means an individual residing in this state who subscribes to a service provided by a service provider for personal or residential use. (2) "Content provider" means a person domiciled in Utah or that generates or hosts c…

76-5c-402. Data service providers -- Internet content harmful to minors. (1) Upon request by a consumer, a service provider shall filter content to prevent the transmission of material harmful to minors to the consumer. A service provider complies with Subsectionif the service pr…

76-5c-403. Content providers -- Material harmful to minors. (1) A content provider that is domiciled in Utah, or generates or hosts content in Utah, shall restrict access to material harmful to minors. (2) If the attorney general determines that a content provider violates Subsec…

76-5d-101. Definitions. As used in this chapter: (1) "Adult" is an individual who is 18 years old or older. (2) "Child" is an individual younger than 18 years old. (3) "Female breast" means the undeveloped, partially developed, or developed breast of a female individual. (4) "HIV…

76-5d-102. Local ordinance consistent with code provisions. An ordinance adopted by a local authority governing the matters covered by this chapter is required to be consistent with the provisions of this chapter.

76-5d-103. Mandatory testing -- Retention of medical file -- Civil liability. (1) An individual who has entered a plea of guilty, a plea of no contest, a plea of guilty with a mental condition, or been found guilty of a violation of Section,,,,,, oris required to submit before se…