This document includes House Floor Amendments incorporated into the bill on Fri, Feb 17, 2023 at 12:23 PM by pflowers.
1 2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to the distribution of a recording of a crime.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms; and
13 ▸ makes it a crime to distribute a recording of a crime unless the crime has been
14 reported to law enforcement.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 76-9-707, Utah Code Annotated 1953
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-9-707 is enacted to read:
25 76-9-707. Distributing a recording of a crime.
26 (1) As used in this section:
27 (a) "Distribute" means to sell, exhibit, display, provide, give, grant admission to,
28 provide access to, post online, or otherwise transfer.
29 (b) "Law enforcement officer" means the same as that term is defined in Section
30 53-13-103.
31 (c) Ĥ→ (i) ←Ĥ "Recording" means a photograph, film, video recording, picture, or image.
31a Ĥ→ (ii) "Recording" does not include an ongoing video of events currently in process. ←Ĥ
32 (2) An actor commits the offense of distributing a recording of a crime if the actor:
33 (a) witnesses a crime being committed against another individual;
34 (b) knows that the individual is in need of immediate assistance;
35 (c) Ĥ→ intentionally ←Ĥ fails to summon a law enforcement officer or other assistance;
36 (d) intentionally creates a recording that captures all or part of the crime; and
37 (e) Ĥ→ intentionally ←Ĥ distributes the recording to another individual who is not the
37a individual described in
38 Subsection (2)(a).
39 (3) A violation of Subsection (2) is a class B misdemeanor.
40 (4) Notwithstanding Subsection (2), an actor is not guilty of a violation of Subsection
41 (2) if the actor:
42 (a) before distributing a recording of the crime, reports the crime to a law enforcement
43 officer or reasonably believes that another individual has reported the crime to a law
44 enforcement officer; or
45 (b) distributes the recording to a law enforcement officer or a prosecuting attorney.