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2023 Utah Code
Title 76 - Utah Criminal Code
Chapter 5 - Offenses Against the Individual
Part 1 - Assault and Related Offenses
Section 111.3 - Personal dignity exploitation of a vulnerable adult -- Penalties.
Universal Citation: UT Code § 76-5-111.3 (2023)
Effective 5/4/2022
76-5-111.3. Personal dignity exploitation of a vulnerable adult -- Penalties.
Enacted by Chapter 181, 2022 General Session
76-5-111.3. Personal dignity exploitation of a vulnerable adult -- Penalties.
- (1)
- (a) As used in this section, "abuse," "caretaker," "exploitation," "neglect," and "vulnerable adult" all mean the same as those terms are defined in Section 76-5-111.
- (b) Terms defined in Section 76-1-101.5 apply to this section.
- (2) Except as provided in Subsection (4), an actor commits personal dignity exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and intentionally, knowingly, or recklessly:
- (a) creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult:
- (i) to which creation, transmission, or display a reasonable person would not consent; and
- (ii)
- (A) that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or pubic area;
- (B) that displays the clothed area of only the vulnerable adult's breasts, buttocks, anus, genitals, or pubic area; or
- (C) that shows the vulnerable adult engaged in conduct that is harmful to the mental or physical health or safety of the vulnerable adult; or
- (b) causes the vulnerable adult to participate in an act that is highly offensive or demeaning to the vulnerable adult:
- (i) in which a reasonable person would not participate; or
- (ii) that is harmful to the mental or physical health or safety of the vulnerable adult.
- (a) creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult:
- (3)
- (a)
- (i) A violation of Subsection (2) is a class A misdemeanor if done intentionally or knowingly.
- (ii) A violation of Subsection (2) is a class B misdemeanor if done recklessly.
- (b)
- (i) It is a separate offense under Subsection (2)(a) for each vulnerable adult included in a photographic or electronic image or recording created, transmitted, or displayed in violation of Subsection (2)(a).
- (ii) It is a separate offense under Subsection (2)(b) for each vulnerable adult caused to participate in an act in violation of Subsection (2)(b).
- (a)
- (4)
- (a) A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits, or displays the photographic or electronic image or recording:
- (i) with the consent of the vulnerable adult, if the vulnerable adult:
- (A) is mentally and physically able to give voluntary consent to the creation, transmission, or display; and
- (B) gives voluntary consent for the creation, transmission, or display;
- (ii) for a legitimate purpose relating to monitoring or providing care, treatment, or diagnosis; or
- (iii) for a legitimate purpose relating to investigating abuse, neglect, or exploitation.
- (i) with the consent of the vulnerable adult, if the vulnerable adult:
- (b) A caretaker does not violate Subsection (2)(b) if:
- (i) the vulnerable adult:
- (A) is mentally and physically able to give voluntary consent to participate in the act; and
- (B) gives voluntary consent to participate in the act; or
- (ii) the caretaker causes the vulnerable adult to participate in the act for a legitimate purpose relating to:
- (A) monitoring or providing care, treatment, or diagnosis; or
- (B) investigating abuse, neglect, or exploitation.
- (i) the vulnerable adult:
- (a) A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits, or displays the photographic or electronic image or recording:
- (5)
- (a) It is not a defense that the vulnerable adult was unaware of:
- (i) the creation, transmission, or display prohibited under Subsection (2)(a); or
- (ii) participation in the act, or the nature of participation in the act, under Subsection (2)(b).
- (b) It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult.
- (a) It is not a defense that the vulnerable adult was unaware of:
Enacted by Chapter 181, 2022 General Session
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