H.B. 304

1

PENALTY FOR EXPOSING MINORS TO
2 SEXUALLY EXPLICIT MEDIA
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David L. Hogue
6 This act modifies the Criminal Code by including, as an offense of dealing harmful material
7 to minors, the act of intentionally, knowingly, or recklessly allowing minors access to movies
8 containing material harmful to minors, if the minor is not accompanied by an adult.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-10-1206, as last amended by Chapter 53, Laws of Utah 2000
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-10-1206 is amended to read:
14 76-10-1206. Dealing in material harmful to a minor.
15 (1) A person is guilty of dealing in material harmful to minors when, knowing that a
16 person is a minor, or having failed to exercise reasonable care in ascertaining the [proper] age of
17 a minor, he:
18 (a) intentionally distributes or offers to distribute, exhibits or offers to exhibit to a minor
19 any material harmful to minors;
20 (b) intentionally produces, presents, or directs any performance before a minor, that is
21 harmful to minors; [or]
22 (c) intentionally participates in any performance before a minor, that is harmful to
23 minors[.]; or
24 (d) intentionally, knowingly, or recklessly allows a minor not accompanied by an adult to
25 have access to viewing a movie containing material harmful to minors, or fails to take reasonable
26 measures, in context of the facility where the movie is being shown, to prevent a minor not
27 accompanied by an adult from having access to viewing a movie containing material harmful to

28 minors, and:
29 (i) the person is the owner or operator of the facility where the movie is being exhibited;
30 (ii) the movie is being exhibited at a public place as defined in Section 76-10-1216 ; and
31 (iii) the movie is being exhibited for profit.
32 (2) Each separate offense under this section is a third degree felony punishable by a
33 minimum mandatory fine of not less than $300 plus $10 for each article exhibited up to the
34 maximum allowed by law and by incarceration, without suspension of sentence in any way, for a
35 term of not less than 14 days. This section supersedes Section 77-18-1 .
36 (3) If a defendant has already been convicted once under this section, each separate further
37 offense is a second degree felony punishable by a minimum mandatory fine of not less than $5,000
38 plus $10 for each article exhibited up to the maximum allowed by law and by incarceration,
39 without suspension of sentence in any way, for a term of not less than one year. This section
40 supersedes Section 77-18-1 .
41 (4) As used in this section, "adult" means a person 21 years of age or older.




Legislative Review Note
as of 2-16-01 2:50 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel