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H.B. 135
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5 This act modifies provisions of the Utah Criminal Code relating to the sexual exploitation
6 of children. The act defines terms related to child pornography. The act modifies the crime
7 related to sexual exploitation of a minor. The act also makes technical changes.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-5a-2, as last amended by Chapter 226, Laws of Utah 1985
11 76-5a-3, as last amended by Chapter 128, Laws of Utah 2000
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-5a-2 is amended to read:
14 76-5a-2. Definitions.
15 As used in this chapter:
16 (1) "Child pornography" means any visual depiction, including any live performance,
17 photograph, film, video, picture, or computer or computer-generated image or picture, whether
18 made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
19 (a) the production of the visual depiction involves the use of a minor engaging in sexually
20 explicit conduct;
21 (b) the visual depiction is, or appears to be, of a minor engaging in sexually explicit
22 conduct;
23 (c) the visual depiction has been created, adapted, or modified to appear that an
24 identifiable minor is engaging in sexually explicit conduct; or
25 (d) the visual depiction is advertised, promoted, presented, described, or distributed in a
26 manner that conveys the impression that the material is or contains a visual depiction of a minor
27 engaging in sexually explicit conduct.
28 [
29 providing, giving, granting admission to, or otherwise transferring or presenting [
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31 (3) "Identifiable minor":
32 (a) means a person:
33 (i) (A) who was a minor at the time the visual depiction was created, adapted, or modified;
34 or
35 (B) whose image as a minor was used in creating, adapting, or modifying the visual
36 depiction; and
37 (ii) who is recognizable as an actual person by the person's face, likeness, or other
38 distinguishing characteristic, such as a birthmark, or other recognizable feature; and
39 (b) does not require proof of the actual identity of the identifiable minor.
40 [
41 activity performed by live actors in person.
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47 represented or described by any person possessing or distributing the child pornography as being
48 under the 18 years of age.
49 [
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52 (6) "Produce" means the photographing, filming, taping, directing, producing, creating,
53 designing, or composing of [
54 hiring of persons to engage in the production of [
55 (7) "[
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57 simulated:
58 (a) sexual intercourse [
59 oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
60 (b) masturbation;
61 (c) [
62 (d) [
63 (e) lascivious exhibition of the genitals or pubic area of any person;
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65 buttocks, or female breast; or
66 [
67 (8) "Simulated sexual conduct" means a feigned or pretended act of sexual conduct which
68 duplicates, within the perception of an average person, the appearance of an actual act of sexual
69 conduct.
70 Section 2. Section 76-5a-3 is amended to read:
71 76-5a-3. Sexual exploitation of a minor -- Offenses.
72 (1) A person is guilty of sexual exploitation of a minor:
73 (a) when [
74 intent to distribute, [
75 [
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77 [
78 (b) if [
79 permits that minor to be sexually exploited under Subsection (1)(a) [
80 (2) Sexual exploitation of a minor is a felony of the second degree.
81 (3) It is a separate offense under this section:
82 (a) for each minor depicted, and if more than one minor is depicted in the [
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84 minor in the [
85 (b) each time the same minor is depicted in different [
86 [
Legislative Review Note
as of 1-26-01 11:22 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.