7 LONG TITLE
8 General Description:
9 This bill increases the penalty for sexual exploitation of a minor under certain
11 Highlighted Provisions:
12 This bill:
13 ▸ increases the penalty for sexual exploitation of a minor when the offense is
14 committed under certain circumstances, including by a relative or an individual in a
15 position of special trust in relation to the minor, or against a minor under 13 years of
16 age; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 76-5b-201, as last amended by Laws of Utah 2016, Chapter 116
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-5b-201 is amended to read:
28 76-5b-201. Sexual exploitation of a minor -- Offenses.
29 (1) A person is guilty of sexual exploitation of a minor:
30 (a) when the person:
31 (i) knowingly produces, possesses, or possesses with intent to distribute child
32 pornography; or
33 (ii) intentionally distributes or views child pornography; or
34 (b) if the person is a minor's parent or legal guardian and knowingly consents to or
35 permits the minor to be sexually exploited as described in Subsection (1)(a).
36 (2) [
37 second degree felony.
38 (3) Sexual exploitation of a minor is a first degree felony if:
39 (a) the actor:
40 (i) was previously convicted under this section of sexual exploitation of a minor;
41 (ii) held a position of special trust in relation to the victim, as defined in Section
42 76-5-404.1; or
43 (iii) is a relative of the victim; or
44 (b) the victim is:
45 (i) under 13 years of age; or
46 (ii) visually depicted engaging in violence, bestiality, or sadistic or masochistic
49 (a) for each minor depicted in the child pornography; and
50 (b) for each time the same minor is depicted in different child pornography.
52 under 18 years of age was actually depicted in the visual depiction or used in producing or
53 advertising the visual depiction.
55 of the actual identity of the identifiable minor is not required.
57 (a) any entity or an employee, director, officer, or agent of an entity when acting within
58 the scope of employment, for the good faith performance of:
59 (i) reporting or data preservation duties required under any federal or state law; or
60 (ii) implementing a policy of attempting to prevent the presence of child pornography
61 on any tangible or intangible property, or of detecting and reporting the presence of child
62 pornography on the property;
63 (b) any law enforcement officer acting within the scope of a criminal investigation;
64 (c) any employee of a court who may be required to view child pornography during the
65 course of and within the scope of the employee's employment;
66 (d) any juror who may be required to view child pornography during the course of the
67 person's service as a juror; or
68 (e) any attorney or employee of an attorney who is required to view child pornography
69 during the course of a judicial process and while acting within the scope of employment.
Legislative Review Note
Office of Legislative Research and General Counsel