H.B. 71
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7 LONG TITLE
8 General Description:
9 This bill modifies Title 76, Utah Criminal Code, regarding distributing intimate images
10 of a person without that person's permission.
11 Highlighted Provisions:
12 This bill:
13 . provides a definition of "intimate image";
14 . provides exceptions for lawful use of images;
15 . provides an exception for lawful practices and functions, including law enforcement
16 functions and medical procedures; and
17 . provides that distribution of an intimate image of an individual, without that
18 individual's permission, is a third degree felony.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 76-5b-203 , Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-5b-203 is enacted to read:
29 76-5b-203. Distribution of an intimate image -- Penalty.
30 (1) As used in this section:
31 (a) "Distribute" means selling, exhibiting, displaying, wholesaling, retailing, providing,
32 giving, granting admission to, providing access to, or otherwise transferring or presenting an
33 image to another individual, with or without consideration.
34 (b) "Intimate image" means any visual depiction, photograph, film, video, recording,
35 picture, or computer or computer-generated image or picture, whether made or produced by
36 electronic, mechanical, or other means, that depicts:
37 (i) exposed human male or female genitals or pubic area, with less than an opaque
38 covering;
39 (ii) a female breast with less than an opaque covering, or any portion of the female
40 breast below the top of the areola; or
41 (iii) the individual engaged in any sexually explicit conduct.
42 (c) "Sexually explicit conduct" means actual or simulated:
43 (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal,
44 whether between persons of the same or opposite sex;
45 (ii) masturbation;
46 (iii) bestiality;
47 (iv) sadistic or masochistic activities;
48 (v) exhibition of the genitals, pubic region, buttocks, or female breast of any
49 individual;
50 (vi) visual depiction of nudity or partial nudity;
51 (vii) fondling or touching of the genitals, pubic region, buttocks, or female breast; or
52 (viii) explicit representation of the defecation or urination functions.
53 (d) "Simulated sexually explicit conduct" means a feigned or pretended act of sexually
54 explicit conduct that duplicates, within the perception of an average person, the appearance of
55 an actual act of sexually explicit conduct.
56 (2) An actor commits the offense of distribution of intimate images if the actor
57 knowingly or intentionally distributes to any third party any intimate image of an individual
58 who is 18 years of age or older, if:
59 (a) the actor knows or has reason to know that the depicted individual has not given
60 consent to the actor to distribute the intimate image; and
61 (b) the intimate image was created by or provided to the actor under circumstances in
62 which the individual has a reasonable expectation of privacy.
63 (3) This section does not apply to:
64 (a) (i) lawful practices of law enforcement agencies;
65 (ii) prosecutorial agency functions;
66 (iii) the reporting of a criminal offense;
67 (iv) court proceedings or any other judicial proceeding; or
68 (v) lawful and generally accepted medical practices and procedures;
69 (b) an intimate image if the individual portrayed in the image voluntarily allows public
70 exposure of the image; or
71 (c) an intimate image that is portrayed in a lawful commercial setting.
72 (4) Distribution of an intimate image is a third degree felony.
Legislative Review Note
as of 1-21-14 3:10 PM