Chief Sponsor: Todd Weiler

House Sponsor: Steve Waldrip


8     General Description:
9          This bill addresses the offense of sexual exploitation of a minor.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the circumstances under which an affirmative defense is available to the
13     offense of sexual exploitation of a minor; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          76-5b-201, as last amended by Laws of Utah 2019, Chapter 382

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 76-5b-201 is amended to read:
25          76-5b-201. Sexual exploitation of a minor -- Offenses.
26          (1) A person is guilty of sexual exploitation of a minor:
27          (a) when the person:
28          (i) knowingly produces, possesses, or possesses with intent to distribute child
29     pornography; or

30          (ii) intentionally distributes or views child pornography; or
31          (b) if the person is a minor's parent or legal guardian and knowingly consents to or
32     permits the minor to be sexually exploited as described in Subsection (1)(a).
33          (2) (a) Except as provided in Subsection (2)(b), sexual exploitation of a minor is a
34     second degree felony.
35          (b) A violation of Subsection (1) for knowingly producing child pornography is a first
36     degree felony if the person produces original child pornography depicting a first degree felony
37     that involves:
38          (i) the person or another person engaging in conduct with the minor that is a violation
39     of:
40          (A) Section 76-5-402.1, rape of a child;
41          (B) Section 76-5-402.3, object rape of a child;
42          (C) Section 76-5-403.1, sodomy on a child; or
43          (D) Section 76-5-404.1, aggravated sexual abuse of a child; or
44          (ii) the minor being physically abused, as defined in Section 78A-6-105.
45          (3) It is a separate offense under this section:
46          (a) for each minor depicted in the child pornography; and
47          (b) for each time the same minor is depicted in different child pornography.
48          (4) (a) It is an affirmative defense to a charge of violating this section that no minor
49     was actually depicted in the visual depiction or used in producing or advertising the visual
50     depiction.
51          (b) For a charge of violating this section for knowingly possessing or intentionally
52     viewing child pornography, it is an affirmative defense that:
53          (i) the defendant:
54          (A) did not solicit the child pornography from the minor depicted in the child
55     pornography;
56          (B) is not more than two years older than the minor depicted in the child pornography;
57     and

58          (C) upon request of a law enforcement agent or the minor depicted in the child
59     pornography, removes from an electronic device or destroys the child pornography and all
60     copies of the child pornography in the defendant's possession; and
61          (ii) the child pornography does not depict an offense under Title 76, Chapter 5, Part 4,
62     Sexual Offenses.
63          (5) In proving a violation of this section in relation to an identifiable minor, proof of
64     the actual identity of the identifiable minor is not required.
65          (6) This section may not be construed to impose criminal or civil liability on:
66          (a) an entity or an employee, director, officer, or agent of an entity when acting within
67     the scope of employment, for the good faith performance of:
68          (i) reporting or data preservation duties required under federal or state law; or
69          (ii) implementing a policy of attempting to prevent the presence of child pornography
70     on tangible or intangible property, or of detecting and reporting the presence of child
71     pornography on the property;
72          (b) a law enforcement officer acting within the scope of a criminal investigation;
73          (c) an employee of a court who may be required to view child pornography during the
74     course of and within the scope of the employee's employment;
75          (d) a juror who may be required to view child pornography during the course of the
76     individual's service as a juror;
77          (e) an attorney or employee of an attorney who is required to view child pornography
78     during the course of a judicial process and while acting within the scope of employment;
79          (f) an employee of the Department of Human Services who is required to view child
80     pornography within the scope of the employee's employment; or
81          (g) an attorney who is required to view child pornography within the scope of the
82     attorney's responsibility to represent the Department of Human Services, including the
83     divisions and offices within the Department of Human Services.