2006 Utah Code - 76-10-1204 — Distributing pornographic material.

     76-10-1204.   Distributing pornographic material.
     (1) A person is guilty of distributing pornographic material when he knowingly:
     (a) sends or brings any pornographic material into the state with intent to distribute or exhibit it to others;
     (b) prepares, publishes, prints, or possesses any pornographic material with intent to distribute or exhibit it to others;
     (c) distributes or offers to distribute, exhibits or offers to exhibit any pornographic material to others;
     (d) writes, creates, or solicits the publication or advertising of pornographic material;
     (e) promotes the distribution or exhibition of material he represents to be pornographic; or
     (f) presents or directs a pornographic performance in any public place or any place exposed to public view or participates in that portion of the performance which makes it pornographic.
     (2) Each distributing of pornographic material as defined in Subsection (1) is a separate offense.
     (3) It is a separate offense under this section for:
     (a) each day's exhibition of any pornographic motion picture film; and
     (b) each day in which any pornographic publication is displayed or exhibited in a public place with intent to distribute or exhibit it to others.
     (4) (a) An offense under this section is a third degree felony punishable by:
     (i) a minimum mandatory fine of not less than $1,000 plus $10 for each article exhibited up to the maximum allowed by law; and
     (ii) incarceration, without suspension of sentence in any way, for a term of not less than 30 days.
     (b) This Subsection (4) supersedes Section 77-18-1.
     (5) A service provider, as defined in Section 76-10-1230, complies with this section if it complies with Sections 76-10-1231 and 76-10-1232.

Amended by Chapter 281, 2005 General Session