2006 Utah Code - 76-10-1206 — Dealing in material harmful to a minor.

     76-10-1206.   Dealing in material harmful to a minor.
     (1) A person is guilty of dealing in material harmful to minors when, knowing that a person is a minor, or having negligently or recklessly failed to determine the proper age of a minor, he:
     (a) intentionally distributes or offers to distribute, exhibits or offers to exhibit to a minor any material harmful to minors;
     (b) intentionally produces, presents, or directs any performance before a minor, that is harmful to minors; or
     (c) intentionally participates in any performance before a minor, that is harmful to minors.
     (2) (a) Each separate offense under this section is a third degree felony punishable by:
     (i) a minimum mandatory fine of not less than $300 plus $10 for each article exhibited up to the maximum allowed by law; and
     (ii) incarceration, without suspension of sentence, for a term of not less than 14 days.
     (b) This section supersedes Section 77-18-1.
     (3) (a) If a defendant has already been convicted once under this section, each separate further offense is a second degree felony punishable by:
     (i) a minimum mandatory fine of not less than $5,000 plus $10 for each article exhibited up to the maximum allowed by law; and
     (ii) incarceration, without suspension of sentence, for a term of not less than one year.
     (b) This section supersedes Section 77-18-1.
     (4) (a) 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.
     (b) A content provider, as defined in Section 76-10-1230, complies with this section if it complies with Section 76-10-1233.

Amended by Chapter 281, 2005 General Session