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First Substitute H.B. 135
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:
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 of a minor engaging in sexually explicit conduct; or
22 (c) the visual depiction has been created, adapted, or modified to appear that an
23 identifiable minor is engaging in sexually explicit conduct.
25 providing, giving, granting admission to, or otherwise transferring or presenting [
27 (3) "Identifiable minor":
28 (a) means a person:
29 (i) (A) who was a minor at the time the visual depiction was created, adapted, or modified;
31 (B) whose image as a minor was used in creating, adapting, or modifying the visual
32 depiction; and
33 (ii) who is recognizable as an actual person by the person's face, likeness, or other
34 distinguishing characteristic, such as a birthmark, or other recognizable feature; and
35 (b) does not require proof of the actual identity of the identifiable minor.
37 activity performed by live actors in person.
44 undress in which the human genitals, pubic region, buttocks, or the female breast, at a point below
45 the top of the areola, is less than completely and opaquely covered.
47 creating, designing, or composing of [
48 securing or hiring of persons to engage in the production of [
52 actual or simulated:
53 (a) sexual intercourse [
54 oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
55 (b) masturbation;
56 (c) [
57 (d) [
58 (e) lascivious exhibition of the genitals or pubic area of any person;
59 (f) the visual depiction of nudity or partial nudity for the purpose of causing sexual arousal
60 of any person;
62 region, buttocks, or female breast; or
65 of [
66 the appearance of an actual act of [
67 Section 2. Section 76-5a-3 is amended to read:
68 76-5a-3. Sexual exploitation of a minor -- Offenses.
69 (1) A person is guilty of sexual exploitation of a minor:
70 (a) when [
71 intent to distribute, [
75 (b) if [
76 permits that minor to be sexually exploited under Subsection (1)(a) [
77 (2) Sexual exploitation of a minor is a felony of the second degree.
78 (3) It is a separate offense under this section:
79 (a) for each minor depicted, and if more than one minor is depicted in the [
81 minor in the [
82 (b) each time the same minor is depicted in different [
84 (4) It is an affirmative defense to a charge of violating this section that no person under
85 18 years of age was actually depicted in the visual depiction or used in producing or advertising
86 the visual depiction.
87 (5) This section does not apply to:
88 (a) any person, including a law enforcement officer or a prosecutor, who is charged by law
89 to prosecute this section and who possesses child pornography solely in connection with that
90 individual's official duties; or
91 (b) a defense attorney who possesses child pornography solely in connection with the
92 defense of a person charged under this section.
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