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2022 Utah Code
Title 76 - Utah Criminal Code
Chapter 5b - Sexual Exploitation Act
Part 2 - Sexual Exploitation
Section 201 - Sexual exploitation of a minor -- Offenses.
Universal Citation: UT Code § 76-5b-201 (2022)
Effective 5/4/2022
76-5b-201. Sexual exploitation of a minor -- Offenses.
Amended by Chapter 181, 2022 General Session
Amended by Chapter 185, 2022 General Session
76-5b-201. Sexual exploitation of a minor -- Offenses.
- (1) Terms defined in Section 76-1-101.5 apply to this section.
- (2) An actor commits sexual exploitation of a minor when the actor knowingly possesses or intentionally views child pornography.
- (3)
- (a) A violation of Subsection (2) is a second degree felony.
- (b) It is a separate offense under this section:
- (i) for each minor depicted in the child pornography; and
- (ii) for each time the same minor is depicted in different child pornography.
- (4)
- (a) It is an affirmative defense to a charge of violating this section that no minor was actually depicted in the visual depiction or used in producing or advertising the visual depiction.
- (b) For a charge of violating this section, it is an affirmative defense that:
- (i) the defendant:
- (A) did not solicit the child pornography from the minor depicted in the child pornography;
- (B) is not more than two years older than the minor depicted in the child pornography; and
- (C) upon request of a law enforcement agent or the minor depicted in the child pornography, removes from an electronic device or destroys the child pornography and all copies of the child pornography in the defendant's possession; and
- (ii) the child pornography does not depict an offense under Chapter 5, Part 4, Sexual Offenses.
- (i) the defendant:
- (5) In proving a violation of this section in relation to an identifiable minor, proof of the actual identity of the identifiable minor is not required.
- (6) This section may not be construed to impose criminal or civil liability on:
- (a) an entity or an employee, director, officer, or agent of an entity when acting within the scope of employment, for the good faith performance of:
- (i) reporting or data preservation duties required under federal or state law; or
- (ii) implementing a policy of attempting to prevent the presence of child pornography on tangible or intangible property, or of detecting and reporting the presence of child pornography on the property;
- (b) a law enforcement officer acting within the scope of a criminal investigation;
- (c) an employee of a court who may be required to view child pornography during the course of and within the scope of the employee's employment;
- (d) a juror who may be required to view child pornography during the course of the individual's service as a juror;
- (e) an attorney or employee of an attorney who is required to view child pornography during the course of a judicial process and while acting within the scope of employment;
- (f) an employee of the Department of Human Services who is required to view child pornography within the scope of the employee's employment; or
- (g) an attorney who is required to view child pornography within the scope of the attorney's responsibility to represent the Department of Human Services, including the divisions and offices within the Department of Human Services.
- (a) an entity or an employee, director, officer, or agent of an entity when acting within the scope of employment, for the good faith performance of:
Amended by Chapter 181, 2022 General Session
Amended by Chapter 185, 2022 General Session
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