77-18-8.5. Special condition of probation -- Penalty.
(1) In accordance with Subsections 77-18-1(2) and (8), the court may place the defendant
on probation and as a condition of probation, the court may order the defendant to be prohibited
from directly or indirectly engaging in any profit or benefit generating activity relating to the
publication of facts or circumstances pertaining to the defendant's involvement in the criminal act
for which the defendant is convicted.
(2) The court's order may prohibit the defendant from contracting with any person, firm,
corporation, partnership, association, or other legal entity with respect to the commission and
reenactment of the defendant's criminal conduct, by way of a movie, book, magazine article, tape
recording, phonograph record, radio, or television presentations, live entertainment of any kind, or
from the expression of the defendant's thoughts, feelings, opinions, or emotions regarding the
criminal conduct.
(3) The court may order that the prohibition includes any event undertaken and
experienced by the defendant while avoiding apprehension from the authorities or while facing
criminal charges.
(4) The court may order that any action taken by the defendant by way of execution of
power of attorney, creation of corporate entities, or other action to avoid compliance with the
court's order shall be found to be in contempt.
(5) Adult Probation and Parole shall notify the attorney general of any alleged violation of
the court's order under this section.
(6) The violation of the court's order shall be considered a violation of probation.
(7) For purposes of this section:
(a) "convicted" means a conviction by entry of a plea of guilty or nolo contendere, guilty
and mentally ill, no contest, and conviction of any crime or offense; and
(b) "defendant" means the convicted defendant, the defendant's assignees, and
representatives acting on the defendant's authority.
Enacted by Chapter 210, 1996 General Session
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Last revised: Thursday, May 28, 2009