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2022 Utah Code
Title 76 - Utah Criminal Code
Chapter 5b - Sexual Exploitation Act
Part 2 - Sexual Exploitation
Section 203.5 - Misuse of intimate image during a criminal action.
Universal Citation: UT Code § 76-5b-203.5 (2022)
Effective 5/4/2022
76-5b-203.5. Misuse of intimate image during a criminal action.
Amended by Chapter 181, 2022 General Session
76-5b-203.5. Misuse of intimate image during a criminal action.
- (1)
- (a) As used in this section:
- (i) "Criminal action" means the same as that term is defined in Section 77-1-3.
- (ii) "Intimate image" means the same as that term is defined in Section 76-5b-203.
- (b) Terms defined in Section 76-1-101.5 apply to this section.
- (a) As used in this section:
- (2) An actor commits misuse of an intimate image during a criminal action if the actor:
- (a) obtains access to an intimate image in the course of a criminal action; and
- (b) intentionally displays, duplicates, copies, or shares the intimate image, unless:
- (i) displaying, duplicating, copying, or sharing the intimate image is done solely for the purpose of the adjudication, defense, prosecution or investigation of a criminal matter involving the intimate image;
- (ii) each individual who is the subject of the intimate image gives written permission to display, duplicate, copy, or share the intimate image; or
- (iii) the intimate image was not created by or provided to the actor under circumstances in which the depicted individual has a reasonable expectation of privacy.
- (3) A violation of Subsection (2) is:
- (a) a class A misdemeanor for a first offense; or
- (b) a third degree felony for each subsequent offense.
- (4) Nothing in this section precludes an agency that employs an individual who is involved in a criminal action from establishing internal policies for an individual's violation of this section.
Amended by Chapter 181, 2022 General Session
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