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H.B. 135 Enrolled
This act modifies provisions of the Utah Criminal Code relating to the sexual exploitation
of children. The act defines terms related to child pornography. The act modifies the crime
related to sexual exploitation of a minor. The act also makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
76-5a-2, as last amended by Chapter 226, Laws of Utah 1985
76-5a-3, as last amended by Chapter 128, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-5a-2 is amended to read:
As used in this chapter:
(1) "Child pornography" means any visual depiction, including any live performance,
photograph, film, video, picture, or computer or computer-generated image or picture, whether
made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
(a) the production of the visual depiction involves the use of a minor engaging in sexually
(b) the visual depiction is of a minor engaging in sexually explicit conduct; or
(c) the visual depiction has been created, adapted, or modified to appear that an
identifiable minor is engaging in sexually explicit conduct.
providing, giving, granting admission to, or otherwise transferring or presenting [
(3) "Identifiable minor":
(a) means a person:
(i) (A) who was a minor at the time the visual depiction was created, adapted, or modified;
(B) whose image as a minor was used in creating, adapting, or modifying the visual
(ii) who is recognizable as an actual person by the person's face, likeness, or other
distinguishing characteristic, such as a birthmark, or other recognizable feature; and
(b) does not require proof of the actual identity of the identifiable minor.
performed by live actors in person.
undress in which the human genitals, pubic region, buttocks, or the female breast, at a point below
the top of the areola, is less than completely and opaquely covered.
designing, or composing of [
hiring of persons to engage in the production of [
(a) sexual intercourse [
anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(e) lascivious exhibition of the genitals or pubic area of any person;
(f) the visual depiction of nudity or partial nudity for the purpose of causing sexual arousal
of any person;
region, buttocks, or female breast; or
appearance of an actual act of [
Section 2. Section 76-5a-3 is amended to read:
76-5a-3. Sexual exploitation of a minor -- Offenses.
(1) A person is guilty of sexual exploitation of a minor:
(a) when [
to distribute, [
(b) if [
permits that minor to be sexually exploited under Subsection (1)(a) [
(2) Sexual exploitation of a minor is a felony of the second degree.
(3) It is a separate offense under this section:
(a) for each minor depicted, and if more than one minor is depicted in the [
minor in the [
(b) each time the same minor is depicted in different [
(4) It is an affirmative defense to a charge of violating this section that no person under 18
years of age was actually depicted in the visual depiction or used in producing or advertising the
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