2006 Utah Code - 76-10-1205 — Inducing acceptance of pornographic material.

     76-10-1205.   Inducing acceptance of pornographic material.
     (1) A person is guilty of inducing acceptance of pornographic material when he knowingly:
     (a) requires or demands as a condition to a sale, allocation, consignment, or delivery for resale of any newspaper, magazine, periodical, book, publication, or other merchandise that the purchaser or consignee receive any pornographic material or material reasonably believed by the purchaser or consignee to be pornographic; or
     (b) denies, revokes, or threatens to deny or revoke a franchise, or to impose any penalty, financial or otherwise, because of the failure or refusal to accept pornographic material or material reasonably believed by the purchaser or consignee to be pornographic.
     (2) (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 (2) supersedes Section 77-18-1.
     (3) 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

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