Adult-oriented Performance and Material Amendments

51
76-5c-202
76-5c-202.2
76-5c-203
76-5c-203.2
76-5c-205
76-5c-205.2
76-5c-206
76-5c-206.2
76-5c-208
76-17-401
76-17-403
76-17-407
77-11b-102
77-22-2.5
78B-6-2105
HB0114
SB0018
76-5c-205 (05/06/26)
0
Adult-oriented Performance and Material Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Colin W. Jack
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill addresses criminal offenses relating to adult-oriented performances and materials.
Highlighted Provisions:
This bill:
removes unlawful pornographic performances from the offense of distributing
pornographic material and places the conduct into a new stand-alone offense;
removes aiding or abetting a minor in an unlawful pornographic performance from the
offense of aiding or abetting a minor in distributing pornographic material and places the
conduct into a new stand-alone offense;
removes engaging in a performance that is harmful to minors while in the presence of a
minor from the offense of distributing material harmful to minors and places the conduct
into a new stand-alone offense;
changes the mental state required to be convicted of engaging in a performance that is
harmful to minors while in the presence of a minor;
amends penalties for committing the offense of distributing material harmful to minors;
removes aiding or abetting a minor to engage in a performance that is harmful to minors
while in the presence of another minor from the offense of aiding or abetting a minor in
distributing material harmful to minors and places the conduct into a new stand-alone
offense;
revises the criminal conduct referenced above for clarity, including penalty provisions;
adds the new stand-alone offenses to statutes in which the current offenses are referenced,
including:
the offense of creating, viewing, or accessing pornographic or indecent material on
school property; and
statutes concerning patterns of unlawful activity, property subject to forfeiture, court
orders for criminal investigations, and civil enforcement actions;
adds a coordination clause to merge the changes to Section 76-5c-205 if this bill and S.B.
18, Criminal Offense Modifications, both pass and become law; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
76-5c-202
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5c-203
, as enacted by Laws of Utah 2025, Chapter 173
76-5c-205
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5c-206
, as enacted by Laws of Utah 2025, Chapter 173
76-5c-208
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-17-401
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-17-403
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-17-407
, as renumbered and amended by Laws of Utah 2025, Chapter 173
77-11b-102
, as last amended by Laws of Utah 2025, Chapters 173, 208
77-22-2.5
, as last amended by Laws of Utah 2025, Chapter 173
78B-6-2105
, as last amended by Laws of Utah 2025, Chapter 173
ENACTS:
76-5c-202.2
, Utah Code Annotated 1953
76-5c-203.2
, Utah Code Annotated 1953
76-5c-205.2
, Utah Code Annotated 1953
76-5c-206.2
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
76-5c-205 (05/06/26)
, as renumbered and amended by Laws of Utah 2025, Chapter 173
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-5c-202
is amended to read:
76-5c-202
. Distributing pornographic material.
(1)
Terms defined in Sections
76-1-101.5
,
76-5c-101
, and
76-5c-201
apply to this section.
(2)
An actor commits distributing pornographic material if the actor knowingly:
(a)
sends or brings pornographic material into the state with intent to distribute or exhibit
the pornographic material to another individual;
(b)
prepares, publishes, prints, or possesses pornographic material with intent to
distribute or exhibit the pornographic material to another individual;
(c)
distributes or offers to distribute, or exhibits or offers to exhibit, pornographic
material to another individual;
(d)
writes, creates, or solicits the publication or advertising of pornographic material;
or
(e)
promotes the distribution or exhibition of material the actor represents to be
pornographic
; or
.
(f)
presents or directs a pornographic performance in a public place or a place exposed
to public view or participates in that portion of the performance which makes the
performance pornographic.
(3)
(a)
Except as provided in Subsection (3)(b) or (c), a
A
violation of Subsection
(2)
is
a third degree felony if the actor is 18 years old or older and is subject to:
(i)
a minimum mandatory fine of not less than $1,000, plus $10 for each article
exhibited up to the maximum allowed by law; and
(ii)
incarceration
, without suspension of sentence in any way,
for a term of not less
than 30 days
, which may not be suspended
.
(b)
Except as provided in Subsection (3)(c), a
A
violation of Subsection
(2)
is a class A
misdemeanor if the actor is 16 or 17 years old.
(c)
A violation of Subsection
(2)
is a class B misdemeanor if the actor is younger than
16 years old.
(4)
It is a separate offense under this section for:
(a)
each day's exhibition of a pornographic motion picture film;
(b)
each day in which a pornographic publication is displayed or exhibited in a public
place with intent to distribute or exhibit the publication to another individual; or
(c)
each act of distributing of pornographic material described in Subsection
(2)
.
(5)
(a)
This section does not apply to an Internet service provider if:
(i)
the distribution of pornographic material by the Internet service provider occurs
only incidentally through the Internet service provider's function of:
(A)
transmitting or routing data from one person to another person; or
(B)
providing a connection between one person and another person;
(ii)
the Internet service provider does not intentionally aid or abet in the distribution
of the pornographic material; and
(iii)
the Internet service provider does not knowingly receive funds from or through a
person who distributes the pornographic material in exchange for permitting the
person to distribute the pornographic material.
(b)
This section does not apply to a hosting company if:
(i)
the distribution of pornographic material by the hosting company occurs only
incidentally through the hosting company's function of providing data storage
space or data caching to a person;
(ii)
the hosting company does not intentionally engage, aid, or abet in the distribution
of the pornographic material; and
(iii)
the hosting company does not knowingly receive funds from or through a person
who distributes the pornographic material in exchange for permitting the person to
distribute, store, or cache the pornographic material.
(6)
Subsection (3)(a) supersedes Section
77-18-105
.
Section 2. Section
76-5c-202.2
is enacted to read:
76-5c-202.2
. Unlawful pornographic performance.
(1)
Terms defined in Sections
76-1-101.5
,
76-5c-101
, and
76-5c-201
apply to this section.
(2)
An actor commits unlawful pornographic performance if the actor knowingly presents
or directs a pornographic performance in a public place or a place exposed to public
view or participates in a portion of the performance that makes the performance
pornographic.
(3)
(a)
A violation of Subsection
(2)
is a third degree felony if the actor is 18 years old or
older and is subject to:
(i)
a minimum mandatory fine of not less than $1,000; and
(ii)
incarceration for a term of not less than 30 days, which may not be suspended.
(b)
A violation of Subsection
(2)
is a class A misdemeanor if the actor is 16 or 17 years
old.
(c)
A violation of Subsection
(2)
is a class B misdemeanor if the actor is younger than
16 years old.
Section 3. Section
76-5c-203
is amended to read:
76-5c-203
. Aiding or abetting a minor in distributing pornographic material.
(1)
Terms defined in Sections
76-1-101.5
,
76-5c-101
, and
76-5c-201
apply to this section.
(2)
An actor commits aiding or abetting a minor in distributing pornographic material if the
actor:
(a)
is 18 years old or older; and
(b)
knowingly solicits, requests, commands, encourages, or intentionally aids a minor in:
(i)
sending or bringing pornographic material into the state with intent to distribute or
exhibit the pornographic material to another individual;
(ii)
preparing, publishing, printing, or possessing pornographic material with intent to
distribute or exhibit the pornographic material to another individual;
(iii)
distributing or offering to distribute, or exhibiting or offering to exhibit,
pornographic material to another individual;
(iv)
writing, creating, or soliciting the publication or advertising of pornographic
material;
or
(v)
promoting the distribution or exhibition of material the minor represents to be
pornographic
; or
.
(vi)
presenting or directing a pornographic performance in a public place or a place
exposed to public view or participates in that portion of the performance which
makes the performance pornographic.
(3)
A violation of Subsection
(2)
is a third degree felony subject to:
(a)
a minimum mandatory fine of not less than $1,000, plus $10 for each article
exhibited up to the maximum allowed by law; and
(b)
incarceration
, without suspension of sentence in any way,
for a term of not less
than 30 days
, which may not be suspended
.
(4)
(a)
Each act of distributing pornographic material described in Subsection
(2)
is a
separate offense.
(b)
It is a separate offense under this section for:
(i)
each day's exhibition of any pornographic motion picture film; and
(ii)
each day in which any pornographic publication is displayed or exhibited in a
public place with intent to distribute or exhibit the publication to another
individual.
(5)
(a)
This section does not apply to an Internet service provider if:
(i)
the distribution of pornographic material by the Internet service provider occurs
only incidentally through the Internet service provider's function of:
(A)
transmitting or routing data from one person to another person; or
(B)
providing a connection between one person and another person;
(ii)
the Internet service provider does not intentionally aid or abet in the distribution
of the pornographic material; and
(iii)
the Internet service provider does not knowingly receive funds from or through a
person who distributes the pornographic material in exchange for permitting the
person to distribute the pornographic material.
(b)
This section does not apply to a hosting company if:
(i)
the distribution of pornographic material by the hosting company occurs only
incidentally through the hosting company's function of providing data storage
space or data caching to a person;
(ii)
the hosting company does not intentionally engage, aid, or abet in the distribution
of the pornographic material; and
(iii)
the hosting company does not knowingly receive funds from or through a person
who distributes the pornographic material in exchange for permitting the person to
distribute, store, or cache the pornographic material.
(6)
Subsection (3) supersedes Section
77-18-105
.
Section 4. Section
76-5c-203.2
is enacted to read:
76-5c-203.2
. Aiding or abetting a minor in an unlawful pornographic
performance.
(1)
Terms defined in Sections
76-1-101.5
,
76-5c-101
, and
76-5c-201
apply to this section.
(2)
An actor commits aiding or abetting a minor in an unlawful pornographic performance
if the actor:
(a)
is 18 years old or older; and
(b)
knowingly solicits, requests, commands, encourages, or intentionally aids a minor in
presenting or directing a pornographic performance in a public place or a place
exposed to public view or participating in that portion of the performance that makes
the performance pornographic.
(3)
A violation of Subsection
(2)
is a third degree felony subject to:
(a)
a minimum mandatory fine of not less than $1,000; and
(b)
incarceration for a term of not less than 30 days, which may not be suspended.
The following section is affected by a coordination clause at the end of this bill.
Section 5. Section
76-5c-205
is amended to read:
76-5c-205
. Distributing material harmful to minors.
(1)
Terms defined in Sections
76-1-101.5
,
76-5c-101
, and
76-5c-201
apply to this section.
(2)
An actor commits distributing material harmful to minors if the actor:
(a)
(i)
intentionally distributes or offers to distribute, or exhibits or offers to exhibit,
material harmful to minors to an individual;
and
(ii)
intentionally produces, performs, or directs any performance, before an
individual that is harmful to minors; or
(iii)
intentionally participates in a performance before an individual that is harmful
to minors; and
(b)
(i)
knows or believes the individual described in Subsection
(2)(a)
is a minor; or
(ii)
negligently fails to determine if the individual described in Subsection
(2)(a)
is a
minor and the individual is a minor.
(3)
(a)
Except as provided in Subsection
(3)(b)
, (c), (d), or (e)
(3)(b)(iii)
, a violation of
Subsection
(2)
is a second degree felony if the actor is 18 years old or older and has
previously been convicted or adjudicated of a violation of Subsection
(2)
and is
subject to:
(i)
a minimum mandatory fine of not less than $5,000, plus $10 for each article
exhibited up to the maximum allowed by law; and
(ii)
incarceration
, without suspension of sentence,
for a term of not less than one
year
, which may not be suspended
.
(b)
Except as provided in Subsection
(3)(c)
, (d), or (e), a
A
violation of Subsection
(2)

is a third degree felony if:
(i)
except as provided in Subsection
(3)(c)
,
the actor is 18 years old or older and is
subject to:
(A)
a minimum mandatory fine of not less than $1,000, plus $10 for each article
exhibited up to the maximum allowed by law; and
(B)
incarceration
, without suspension of sentence,
for a term of not less than 14
days
, which may not be suspended
;
or
(ii)
the actor is younger than 18 years old and has previously been convicted
or
adjudicated
of a violation of Subsection
(2)
.
; or
(iii)
(A)
the actor is 18 years old or older;
(B)
the minor or the individual the actor believed to be a minor described in
Subsection
(2)(a)
is 16 years old or older;
(C)
the actor is less than seven years older than the minor or the individual the
actor believed to be a minor at the time of the offense; and
(D)
the actor has previously been convicted or adjudicated of a violation of
Subsection
(2)
.
(c)
Except as provided in Subsection
(3)(d)
or (e)
(3)(b)(iii)
, a violation of Subsection
(2)
is a class A misdemeanor if the actor is 18 years old or older and the minor
or the
individual the actor believed to be a minor
described in Subsection
(2)
is 16 years old
or older,
but younger than 18 years old,
and the actor is less than seven years older
than the minor
or the individual the actor believed to be a minor
at the time of the
offense.
(d)
Except as provided in Subsection
(3)(e)
(3)(b)(ii)
, a violation of Subsection
(2)
is a
class A misdemeanor if the actor is 16 years old or 17 years old.
(e)
A
Except as provided in Subsection
(3)(b)(ii)
, a
violation of Subsection
(2)
is a class
B misdemeanor if the actor is younger than 16 years old.
(4)
(a)
This section does not apply to an Internet service provider, a provider of an
electronic communications service as defined in 18 U.S.C. Sec. 2510, a
telecommunications service, information service, or mobile service as defined in 47
U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec.
332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if:
(i)
the distribution of pornographic material by the Internet service provider occurs
only incidentally through the provider's function of:
(A)
transmitting or routing data from one person to another person; or
(B)
providing a connection between one person and another person;
(ii)
the provider does not intentionally aid or abet in the distribution of the
pornographic material; and
(iii)
the provider does not knowingly receive from or through a person who
distributes the pornographic material a fee greater than the fee generally charged
by the provider, as a specific condition for permitting the person to distribute the
pornographic material.
(b)
This section does not apply to a hosting company if:
(i)
the distribution of pornographic material by the hosting company occurs only
incidentally through the hosting company's function of providing data storage
space or data caching to a person;
(ii)
the hosting company does not intentionally engage, aid, or abet in the distribution
of the pornographic material; and
(iii)
the hosting company does not knowingly receive from or through a person who
distributes the pornographic material a fee greater than the fee generally charged
by the provider, as a specific condition for permitting the person to distribute,
store, or cache the pornographic material.
(5)
An Internet service provider is not negligent under this section if the Internet service
provider complies with Section
76-5c-402
.
(6)
It is an affirmative defense to a prosecution for a violation of this section if the violation
arises from displaying or exhibiting an outer portion of material that the material is:
(a)
in a sealed opaque wrapper that covers at least the lower 2/3 of the material so that
the lower 2/3 of the material is concealed from view;
(b)
placed behind a blinder rack; or
(c)
(i)
displayed in an area from which a minor is physically excluded; and
(ii)
the material cannot be viewed by the minor from an area where the minor is
allowed.
(7)
Subsections
(3)(a)
and (3)(b)(i) supersede Section
77-18-105
.
Section 6. Section
76-5c-205.2
is enacted to read:
76-5c-205.2
. Engaging in a performance that is harmful to minors while in the
presence of a minor.
(1)
Terms defined in Sections
76-1-101.5
,
76-5c-101
, and
76-5c-201
apply to this section.
(2)
An actor commits engaging in a performance that is harmful to minors while in the
presence of a minor if the actor:
(a)
intentionally produces, performs, directs, or participates in a performance that is
harmful to minors; and
(b)
undertakes the action described in Subsection
(2)(a)
while:
(i)
knowingly in the presence of a minor or an individual who the actor believes is a
minor; or
(ii)
(A)
being reckless as to whether a minor is present or able to view the
performance described in Subsection
(2)(a)
; and
(B)
a minor is present or able to view the performance described in Subsection
(2)(a)
.
(3)
(a)
Except as provided in Subsection
(3)(b)(iii)
, a violation of Subsection
(2)
is a
second degree felony if the actor is 18 years old or older and has previously been
convicted or adjudicated of a violation of Subsection
(2)
and is subject to:
(i)
a minimum mandatory fine of not less than $5,000; and
(ii)
incarceration for a term of not less than one year, which may not be suspended.
(b)
A violation of Subsection
(2)
is a third degree felony if:
(i)
except as provided in Subsection
(3)(c)
, the actor is 18 years old or older and is
subject to:
(A)
a minimum mandatory fine of not less than $1,000; and
(B)
incarceration for a term of not less than 14 days, which may not be suspended;
(ii)
the actor is younger than 18 years old and has previously been convicted or
adjudicated of a violation of Subsection
(2)
; or
(iii)
(A)
the actor is 18 years old or older;
(B)
the minor or the individual the actor believed to be a minor described in
Subsection
(2)
is 16 years old or older and the actor is less than seven years
older than the minor or the individual the actor believed to be a minor at the
time of the offense; and
(C)
the actor has previously been convicted or adjudicated of a violation of
Subsection
(2)
.
(c)
Except as provided in Subsection
(3)(b)(iii)
, a violation of Subsection
(2)
is a class A
misdemeanor if the actor is 18 years old or older and the minor or the individual the
actor believed to be a minor described in Subsection
(2)
is 16 years old or older and
the actor is less than seven years older than the minor or the individual who the actor
believed to be a minor at the time of the offense.
(d)
Except as provided in Subsection
(3)(b)(ii)
, a violation of Subsection
(2)
is a class A
misdemeanor if the actor is 16 years old or 17 years old.
(e)
Except as provided in Subsection
(3)(b)(ii)
, a violation of Subsection
(2)
is a class B
misdemeanor if the actor is younger than 16 years old.
(4)
It is an affirmative defense to a prosecution for a violation of this section if the conduct:
(a)
occurs in an area from which a minor is physically excluded; and
(b)
cannot be viewed by a minor from an area where the minor is allowed.
Section 7. Section
76-5c-206
is amended to read:
76-5c-206
. Aiding or abetting a minor in distributing material harmful to
minors.
(1)
Terms defined in Sections
76-1-101.5
,
76-5c-101
, and
76-5c-201
apply to this section.
(2)
An actor commits aiding or abetting a minor in distributing material harmful to minors
if:
(a)
the actor is 18 years old or older;
and
(b)
the actor knowingly solicits, requests, commands, encourages, or intentionally aids a
minor to
:

(i)
intentionally distribute or offer to distribute, or exhibit or offer to exhibit,
material harmful to minors to an individual;
and
(ii)
intentionally produce, perform, or direct any performance, before an individual
that is harmful to minors; or
(iii)
intentionally participate in any performance, before an individual that is harmful
to minors; and
(c)
(i)
the minor described in Subsection
(2)(b)
knows or believes the individual
described in
Subsections
(2)(b)(i)
through (iii)
Subsection
(2)(b)

is
a
another

minor; or
(ii)
the minor described in Subsection
(2)(b)
:
(A)

negligently fails to determine if the individual described in
Subsections
(2)(b)(i) through (iii)
Subsection
(2)(b)
is
a
another
minor
;
and
(B)
the individual
described in Subsection
(2)(b)
is a minor.
(3)
A violation of Subsection
(2)
is a third degree felony subject to:
(a)
a minimum mandatory fine of not less than $5,000, plus $10 for each article
exhibited up to the maximum allowed by law; and
(b)
incarceration
, without suspension of sentence,
for a term of not less than one year
,
which may not be suspended
.
(4)
(a)
This section does not apply to an Internet service provider, a provider of an
electronic communications service as defined in 18 U.S.C. Sec. 2510, a
telecommunications service, information service, or mobile service as defined in 47
U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec.
332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if:
(i)
the distribution of pornographic material by the Internet service provider occurs
only incidentally through the provider's function of:
(A)
transmitting or routing data from one person to another person; or
(B)
providing a connection between one person and another person;
(ii)
the provider does not intentionally aid or abet in the distribution of the
pornographic material; and
(iii)
the provider does not knowingly receive from or through a person who
distributes the pornographic material a fee greater than the fee generally charged
by the provider, as a specific condition for permitting the person to distribute the
pornographic material.
(b)
This section does not apply to a hosting company if:
(i)
the distribution of pornographic material by the hosting company occurs only
incidentally through the hosting company's function of providing data storage
space or data caching to a person;
(ii)
the hosting company does not intentionally engage, aid, or abet in the distribution
of the pornographic material; and
(iii)
the hosting company does not knowingly receive from or through a person who
distributes the pornographic material a fee greater than the fee generally charged
by the provider, as a specific condition for permitting the person to distribute,
store, or cache the pornographic material.
(5)
An Internet service provider is not negligent under this section if the Internet service
provider complies with Section
76-5c-402
.
(6)
It is an affirmative defense to prosecution for a violation of this section if the violation
arises from displaying or exhibiting an outer portion of material that the material is:
(a)
in a sealed opaque wrapper that covers at least the lower 2/3 of the material so that
the lower 2/3 of the material is concealed from view;
(b)
placed behind a blinder rack; or
(c)
(i)
displayed in an area from which a minor is physically excluded; and
(ii)
the material cannot be viewed by the minor from an area where the minor is
allowed.
(7)
Subsection (3) supersedes Section
77-18-105
.
Section 8. Section
76-5c-206.2
is enacted to read:
76-5c-206.2
. Aiding or abetting a minor to engage in a performance that is
harmful to minors while in the presence of another minor.
(1)
Terms defined in Sections
76-1-101.5
,
76-5c-101
, and
76-5c-201
apply to this section.
(2)
An actor commits aiding or abetting a minor to engage in a performance that is harmful
to minors while in the presence of another minor if:
(a)
the actor is 18 years old or older;
(b)
the actor knowingly solicits, requests, commands, encourages, or intentionally aids a
minor to intentionally produce, perform, direct, or participate in a performance that is
harmful to minors;
(c)
the minor undertakes the action described in Subsection
(2)(b)
while:
(i)
knowingly in the presence of another minor or an individual who the minor
believes is another minor; or
(ii)
(A)
being reckless as to whether another minor is present or able to view the
performance described in Subsection
(2)(b)
; and
(B)
another minor is present or able to view the performance described in
Subsection
(2)(b)
.
(3)
A violation of Subsection
(2)
is a third degree felony subject to:
(a)
a minimum mandatory fine of not less than $5,000; and
(b)
incarceration for a term of not less than one year, which may not be suspended.
(4)
It is an affirmative defense to prosecution for a violation of this section if the conduct:
(a)
occurs in an area from which a minor is physically excluded; and
(b)
cannot be viewed by a minor from an area where the minor is allowed.
Section 9. Section
76-5c-208
is amended to read:
76-5c-208
. Creating, viewing, or accessing pornographic or indecent material on
school property.
(1)
(a)
As used in this section:
(i)
"Description or depiction of illicit sex or sexual immorality" means the same as
that term is defined in Section
76-5c-207
.
(ii)
"Nude or partially denuded figure" means the same as that term is defined in
Section
76-5c-207
.
(iii)
"Pornographic or indecent material" means any material that:
(A)
is harmful to minors;
(B)
is pornographic;
(C)
is a description of or depiction of illicit sex or sexual immorality; or
(D)
contains a nude or partially denuded figure.
(iv)
"School property" means property, including land and improvements, that a
school district or charter school owns, leases, or occupies.
(b)
Terms defined in Sections
76-1-101.5
,
76-5c-101
, and
76-5c-201
apply to this
section.
(2)
Under circumstances not amounting to an offense listed in Subsection
(4)
, an actor
commits creating, viewing, or accessing pornographic or indecent material on school
property if the actor willfully or knowingly creates, views, or otherwise gains access to
pornographic or indecent material while present on school property.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)
is a class A
misdemeanor if the actor is 18 years old or older.
(b)
A violation of Subsection
(2)
is a class B misdemeanor if the actor is younger than
18 years old.
(4)
The offenses referred to in Subsection
(2)
are:
(a)
distributing pornographic material as described in Section
76-5c-202
;
(b)
unlawful pornographic performance as described in Section
76-5c-202.2
;
(b)
(c)
aiding or abetting a minor in distributing pornographic material as described in
Section
76-5c-203
;
(d)
aiding or abetting a minor in an unlawful pornographic performance as described in
Section
76-5c-203.2
;
(c)
(e)
inducing acceptance of pornographic material as described in Section
76-5c-204
;
(d)
(f)
distributing material harmful to minors as described in Section
76-5c-205
;
(g)
engaging in a performance that is harmful to minors while in the presence of a minor
as described in Section
76-5c-205.2
;
(e)
(h)
aiding or abetting a minor in distributing material harmful to minors as
described in Section
76-5c-206
;
or
(i)
aiding or abetting a minor to engage in a performance that is harmful to minors while
in the presence of another minor as described in Section
76-5c-206.2
; or
(f)
(j)
indecent public display in the presence of a minor as described in Section
76-5c-207
.
(5)
This section does not:
(a)
prohibit disciplinary action for actions that violate this section; or
(b)
apply to school or law enforcement personnel when the school or law enforcement
personnel views or otherwise gains access to pornographic or indecent material while
on school property for the limited purpose of:
(i)
investigating a violation of this section; or
(ii)
enforcing this section.
Section 10. Section
76-17-401
is amended to read:
76-17-401
. Definitions.
As used in this part:
(1)
(a)
"Enterprise" means an individual, sole proprietorship, partnership, corporation,
business trust, association, or other legal entity, and a union or group of individuals
associated in fact although not a legal entity.
(b)
"Enterprise" includes illicit as well as licit entities.
(2)
"Pattern of unlawful activity" means engaging in conduct that constitutes the
commission of at least three episodes of unlawful activity, which episodes are not
isolated, but have the same or similar purposes, results, participants, victims, or methods
of commission, or otherwise are interrelated by distinguishing characteristics. Taken
together, the episodes shall demonstrate continuing unlawful conduct and be related
either to each other or to the enterprise. At least one of the episodes comprising a
pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act
constituting part of a pattern of unlawful activity as defined by this part shall have
occurred within five years of the commission of the next preceding act alleged as part of
the pattern.
(3)
"Person" includes an individual or entity capable of holding a legal or beneficial interest
in property, including state, county, and local governmental entities.
(4)
"Unlawful activity" means to directly engage in conduct or to solicit, request, command,
encourage, or intentionally aid another person to engage in conduct that would constitute
an offense described by the following crimes or categories of crimes, or to attempt or
conspire to engage in an act that would constitute any of those offenses, regardless of
whether the act is in fact charged or indicted by an authority or is classified as a
misdemeanor or a felony:
(a)
an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized
Recording Practices Act;
(b)
an act prohibited by the criminal provisions under Title 19, Environmental Quality
Code, Sections
19-1-101
through
19-7-109
;
(c)
taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose
of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or
Section
23A-5-311
;
(d)
false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B,
Chapter 3, Part 11, Utah False Claims Act, Sections
26B-3-1101
through
26B-3-1112
;
(e)
an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal
Offenses and Procedure Act;
(f)
unlawful marking of pistol or revolver under Section
53-5a-105
;
(g)
alteration of number or mark on pistol or revolver under Section
53-5a-106
;
(h)
an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah
Uniform Land Sales Practices Act;
(i)
an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances
Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58,
Chapter 37d, Clandestine Drug Lab Act;
(j)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform
Securities Act;
(k)
an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah
Procurement Code;
(l)
assault under Section
76-5-102
;
(m)
aggravated assault under Section
76-5-103
;
(n)
a threat of terrorism under Section
76-5-107.3
;
(o)
a criminal homicide offense under Section
76-5-201
;
(p)
kidnapping under Section
76-5-301
;
(q)
aggravated kidnapping under Section
76-5-302
;
(r)
human trafficking for labor under Section
76-5-308
;
(s)
human trafficking for sexual exploitation under Section
76-5-308.1
;
(t)
human smuggling under Section
76-5-308.3
;
(u)
human trafficking of a child under Section

76-5-308.5
;
(v)
benefiting from trafficking and human smuggling under Section
76-5-309
;
(w)
aggravated human trafficking under Section
76-5-310
;
(x)
sexual exploitation of a minor under Section
76-5b-201
;
(y)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(z)
sexual extortion under Section
76-5b-204
;
(aa)
arson under Section
76-6-102
;
(bb)
aggravated arson under Section

76-6-103
;
(cc)
causing a catastrophe under Section
76-6-105
;
(dd)
burglary under Section
76-6-202
;
(ee)
aggravated burglary under Section
76-6-203
;
(ff)
burglary of a vehicle under Section
76-6-204
;
(gg)
manufacture or possession of an instrument for burglary or theft under Section
76-6-205
;
(hh)
robbery under Section
76-6-301
;
(ii)
aggravated robbery under Section
76-6-302
;
(jj)
theft under Section
76-6-404
;
(kk)
theft by deception under Section
76-6-405
;
(ll)
theft by extortion under Section
76-6-406
;
(mm)
receiving stolen property under Section
76-6-408
;
(nn)
theft of services under Section
76-6-409
;
(oo)
forgery under Section
76-6-501
;
(pp)
unlawful use of financial transaction card under Section
76-6-506.2
;
(qq)
unlawful acquisition, possession, or transfer of financial transaction card under
Section
76-6-506.3
;
(rr)
financial transaction card offenses under Section
76-6-506.6
;
(ss)
deceptive business practices under Section
76-6-507
;
(tt)
bribery or receiving bribe by person in the business of selection, appraisal, or
criticism of goods under Section
76-6-508
;
(uu)
bribery of a labor official under Section
76-6-509
;
(vv)
defrauding creditors under Section
76-6-511
;
(ww)
acceptance of deposit by insolvent financial institution under Section
76-6-512
;
(xx)
unlawful dealing with property by fiduciary under Section
76-6-513
;
(yy)
unlawful influence of a contest under Section
76-6-514
;
(zz)
making a false credit report under Section
76-6-517
;
(aaa)
criminal simulation under Section
76-6-518
;
(bbb)
criminal usury under Section
76-6-520
;
(ccc)
insurance fraud under Section
76-6-521
;
(ddd)
retail theft under Section
76-6-602
;
(eee)
computer crimes under Section
76-6-703
;
(fff)
identity fraud under Section
76-6-1102
;
(ggg)
mortgage fraud under Section
76-6-1203
;
(hhh)
sale of a child under Section
76-7-203
;
(iii)
bribery or offering a bribe under Section
76-8-103
;
(jjj)
threat to influence official or political action under Section
76-8-104
;
(kkk)
receiving bribe or bribery by public servant under Section
76-8-105
;
(lll)
receiving bribe for endorsement of person as a public servant under Section
76-8-106
;
(mmm)
bribery for endorsement of person as public servant under Section
76-8-106.1
;
(nnn)
official misconduct based on unauthorized act or failure of duty under Section
76-8-201
;
(ooo)
official misconduct concerning inside information under Section
76-8-202
;
(ppp)
obstruction of justice in a criminal investigation or proceeding under Section
76-8-306
;
(qqq)
acceptance of bribe or bribery to prevent criminal prosecution under Section
76-8-308
;
(rrr)
harboring or concealing offender who has escaped from official custody under
Section
76-8-309.2
;
(sss)
making a false or inconsistent material statement under Section
76-8-502
;
(ttt)
making a false or inconsistent statement under Section
76-8-503
;
(uuu)
making a written false statement under Section
76-8-504
;
(vvv)
tampering with a witness under Section
76-8-508
;
(www)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(xxx)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(yyy)
extortion or bribery to dismiss a criminal proceeding under Section
76-8-509
;
(zzz)
tampering with evidence under Section
76-8-510.5
;
(aaaa)
falsification or alteration of a government record under Section
76-8-511
, if the
record is a record described in Title 20A, Election Code, or Title 36, Chapter 11,
Lobbyist Disclosure and Regulation Act;
(bbbb)
public assistance fraud by an applicant for public assistance under Section
76-8-1203.1
;
(cccc)
public assistance fraud by a recipient of public assistance under Section
76-8-1203.3
;
(dddd)
public assistance fraud by a provider under Section
76-8-1203.5
;
(eeee)
fraudulently misappropriating public assistance funds under Section
76-8-1203.7
;
(ffff)
false statement to obtain or increase unemployment compensation under Section
76-8-1301
;
(gggg)
false statement to prevent or reduce unemployment compensation or liability
under Section
76-8-1302
;
(hhhh)
unlawful failure to comply with Employment Security Act requirements under
Section
76-8-1303
;
(iiii)
unlawful use or disclosure of employment information under Section
76-8-1304
;
(jjjj)
intentionally or knowingly causing one animal to fight with another under
Subsection
76-13-202(2)(d)
or
(3)
, or Section
76-13-205
or
76-13-206
concerning
dog fighting;
(kkkk)
soliciting, recruiting, enticing, or intimidating a minor to join a criminal street
gang under Section
76-9-803
;
(llll)
aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal
street gang under Section
76-9-803.1
;
(mmmm)
intimidating a minor to remain in a criminal street gang under Section
76-9-803.2
;
(nnnn)
aggravated intimidating a minor to remain in a criminal street gang under Section
76-9-803.3
;
(oooo)
unlawful conduct involving an explosive, chemical, or incendiary device under
Section
76-15-210
;
(pppp)
unlawful conduct involving an explosive, chemical, or incendiary part under
Section
76-15-211
;
(qqqq)
unlawful delivery or mailing of an explosive, chemical, or incendiary device
under Section
76-15-209
;
(rrrr)
forging or counterfeiting trademarks, trade name, or trade device under Section
76-16-302
;
(ssss)
selling goods under counterfeited trademark, trade name, or trade devices under
Section
76-16-303
;
(tttt)
sales in containers bearing registered trademark of substituted articles under
Section
76-16-304
;
(uuuu)
selling or dealing with article bearing registered trademark or service mark with
intent to defraud under Section
76-16-306
;
(vvvv)
participating in gambling under Section
76-9-1402
;
(wwww)
permitting gambling under Section
76-9-1403
;
(xxxx)
online gambling prohibition under Section
76-9-1404
;
(yyyy)
gambling promotion under Section
76-9-1405
;
(zzzz)
gambling fraud under Section
76-9-1406
;
(aaaaa)
possessing a gambling device or record under Section
76-9-1407
;
(bbbbb)
obtaining a benefit from a confidence game under Section
76-9-1410
;
(ccccc)
distributing pornographic material under Section
76-5c-202
;
(ddddd)
unlawful pornographic performance under Section
76-5c-202.2
;
(ddddd)
(eeeee)
aiding or abetting a minor in distributing pornographic material under
Section
76-5c-203
;
(fffff)
aiding or abetting a minor in an unlawful pornographic performance under
Section
76-5c-203.2
;
(eeeee)
(ggggg)
inducing acceptance of pornographic material under Section
76-5c-204
;
(fffff)
(hhhhh)
distributing material harmful to minors under Section
76-5c-205
;
(iiiii)
engaging in a performance that is harmful to minors while in the presence of a
minor under Section
76-5c-205.2
;
(ggggg)
(jjjjj)
aiding or abetting a minor in distributing material harmful to minors
under Section
76-5c-206
;
(kkkkk)
aiding or abetting a minor to engage in a performance that is harmful to minors
while in the presence of another minor under Section
76-5c-206.2
;
(hhhhh)
(lllll)
distribution of a pornographic file for exhibition under Section
76-5c-305
;
(iiiii)
(mmmmm)
indecent public display in the presence of a minor under Section
76-5c-207
;
(jjjjj)
(nnnnn)
engaging in prostitution under Section
76-5d-202
;
(kkkkk)
(ooooo)
aiding prostitution under Section
76-5d-206
;
(lllll)
(ppppp)
exploiting prostitution under Section
76-5d-207
;
(mmmmm)
(qqqqq)
aggravated exploitation of prostitution under Section
76-5d-208
;
(nnnnn)
(rrrrr)
communications fraud under Section
76-6-525
;
(ooooo)
(sssss)
possession of a dangerous weapon with criminal intent under Section
76-11-208
;
(ppppp)
(ttttt)
an act prohibited by the criminal provisions of Chapter 9, Part 16, Money
Laundering and Currency Transaction Reporting;
(qqqqq)
(uuuuu)
vehicle compartment for contraband under Section
76-9-1902
or
76-9-1903
;
(rrrrr)
(vvvvv)
an act prohibited by the criminal provisions of the laws governing
taxation in this state; or
(sssss)
(wwwww)
an act illegal under the laws of the United States and enumerated in
18 U.S.C. Secs. 1961(1)(B), (C), and (D).
Section 11. Section
76-17-403
is amended to read:
76-17-403
. Remedies of person injured by a pattern of unlawful activity --
Double damages -- Costs, including attorney fees -- Arbitration -- Agency -- Burden of
proof -- Actions by attorney general or county attorney -- Dismissal -- Statute of
limitations -- Authorized orders of a court.
(1)
(a)
A person injured in the person's person, business, or property by a person engaged
in conduct forbidden by Section
76-17-407
may bring an action in a court with
jurisdiction under Title 78A, Judiciary and Judicial Administration, to recover twice
the damages that the person sustains, regardless of whether:
(i)
the injury is separate or distinct from the injury suffered as a result of the acts or
conduct constituting the pattern of unlawful conduct alleged as part of the cause of
action; or
(ii)
the conduct has been adjudged criminal by a court of the state or of the United
States.
(2)
A party who prevails on a cause of action brought under this section recovers the cost of
the suit, including reasonable attorney fees.
(3)
All actions arising under this section that are grounded in fraud are subject to arbitration
under Title 78B, Chapter 11, Utah Uniform Arbitration Act.
(4)
(a)
In all actions under this section, a principal is liable for actual damages for harm
caused by an agent acting within the scope of either the agent's employment or
apparent authority.
(b)
A principal is liable for double damages only if the pattern of unlawful activity
alleged and proven as part of the cause of action was authorized, solicited, requested,
commanded, undertaken, performed, or recklessly tolerated by the board of directors
or a high managerial agent acting within the scope of the agent's employment.
(5)
In all actions arising under this section, the burden of proof is clear and convincing
evidence.
(6)
The attorney general, county attorney, or, if within a prosecution district, the district
attorney may maintain an action under this section on behalf of the state, the county, or
any person injured by a person engaged in conduct forbidden by Section
76-17-407
, to
prevent, restrain, or remedy injury as defined in this section and may recover the
damages and costs allowed by this section.
(7)
In all actions under this section, the elements of each claim or cause of action shall be
stated with particularity against each defendant.
(8)
If an action, claim, or counterclaim brought or asserted by a private party under this
section is dismissed before trial or disposed of on summary judgment, or if it is
determined at trial that there is no liability, the prevailing party shall recover from the
party who brought the action or asserted the claim or counterclaim the amount of the
prevailing party's reasonable expenses incurred because of the defense against the
action, claim, or counterclaim, including a reasonable attorney fee.
(9)
(a)
An action or proceeding brought under this section shall be commenced within
three years after the conduct prohibited by Section
76-17-407
terminates or the cause
of action accrues, whichever is later.
(b)
Subsection
(9)(a)
supersedes any limitation to the contrary.
(10)
(a)
In any action brought under this section, the court may prevent, restrain, or
remedy injury as defined by this section by issuing appropriate orders after making
provisions for the rights of innocent persons.
(b)
Before liability is determined in any action brought under this section, the court may:
(i)
issue restraining orders and injunctions;
(ii)
require satisfactory performance bonds or any other bond the court considers
appropriate and necessary in connection with any property or requirement
imposed upon a party by the court; and
(iii)
enter any other order the court considers necessary and proper.
(c)
After a determination of liability, the court may, in addition to granting the relief
allowed in Subsection
(1)
, do any one or all of the following:
(i)
order a person to divest the person's self of any interest in or any control, direct or
indirect, of an enterprise;
(ii)
impose reasonable restrictions on the future activities or investments of a person,
including prohibiting a person from engaging in the same type of endeavor as the
enterprise engaged in, to the extent the Utah Constitution and the Constitution of
the United States permit; or
(iii)
order the dissolution or reorganization of an enterprise.
(d)
(i)
However, if an action is brought to obtain any relief provided by this section,
and if the conduct prohibited by Section
76-17-407
has for its pattern of unlawful
activity acts or conduct illegal under Section
76-5c-202
,
76-5c-202.2
,
76-5c-203
,
76-5c-203.2
,
76-5c-204
,
76-5c-205
,
76-5c-205.2
,
76-5c-206
,

76-5c-206.2
,
or
76-5c-305
, the court may not enter an order that would amount to a prior restraint
on the exercise of an affected party's rights under the First Amendment to the
Constitution of the United States, or Article I, Sec. 15 of the Utah Constitution.
(ii)
The court shall, upon the request of an affected party, and upon the notice to all
parties, before the issuance of an order provided for in this subsection, and at any
later time, hold hearings as necessary to determine whether any materials at issue
are obscene or pornographic and to determine if there is probable cause to believe
that any act or conduct alleged violates Section
76-5c-202
,
76-5c-202.2
,
76-5c-203
,

76-5c-203.2
,

76-5c-204
,
76-5c-205
,

76-5c-205.2
,

76-5c-206
,
76-5c-206.2
,
or
76-5c-305
.
(iii)
In making the court's findings, the court shall be guided by the same
considerations required of a court making similar findings in criminal cases
brought under Section
76-5c-202
,
76-5c-202.2
,
76-5c-203
,
76-5c-203.2
,
76-5c-204
,
76-5c-205
,
76-5c-205.2
,
76-5c-206
,
76-5c-206.2
,
or
76-5c-305
, including, but not
limited to, the definitions in Sections
76-5c-101
and
76-5c-301
, and the
exemptions in Section
76-5c-302
.
Section 12. Section
76-17-407
is amended to read:
76-17-407
. Prohibited conduct concerning a pattern of unlawful activity.
(1)
(a)
As used in this section, "net proceeds" of a violation of this section means
property acquired as a result of the violation minus the direct costs of acquiring the
property.
(b)
Terms defined in Sections
76-1-101.5
,
76-17-101
, and
76-17-401
apply to this
section.
(2)
An actor commits prohibited conduct concerning a pattern of unlawful activity if the
actor:
(a)
(i)
has received proceeds derived, whether directly or indirectly, from a pattern of
unlawful activity in which the actor has participated as a principal; and
(ii)
uses or invests, directly or indirectly, any part of the income described in
Subsection
(2)(a)(i)
, or the proceeds of the income, or the proceeds derived from
the investment or use of those proceeds, in the acquisition of an interest in, or the
establishment or operation of, an enterprise;
(b)
acquires or maintains, directly or indirectly, through a pattern of unlawful activity, an
interest in or control of an enterprise;
(c)
(i)
is employed by or associated with an enterprise; and
(ii)
conducts or participates, whether directly or indirectly, in the conduct of the
enterprise's affairs through a pattern of unlawful activity; or
(d)
conspires to violate Subsection
(2)(a)
, (b), or (c).
(3)
A violation of Subsection
(2)
is a second degree felony.
(4)
In addition to penalties prescribed by law, the court may order an actor to pay to the
state, if the attorney general brought the action, or to the county, if the county attorney
or district attorney brought the action, the costs of investigating and prosecuting the
offense and the costs of securing the forfeitures provided for in this section.
(5)
In lieu of a fine otherwise authorized by law for a violation of this section, an actor who
derives net proceeds from a conduct prohibited by this section may be fined not more
than twice the amount of the net proceeds.
(6)
Upon a conviction for a violation of this section, and in addition to a penalty prescribed
by law, the court may do any or all of the following:
(a)
order restitution to any victim or rightful owner of property obtained, directly or
indirectly, from:
(i)
the conduct constituting the pattern of unlawful activity; or
(ii)
any act or conduct constituting the pattern of unlawful activity that is proven as
part of the violation of this section;
(b)
order the actor to divest the actor of any interest in or any control, direct or indirect,
of an enterprise;
(c)
impose reasonable restrictions on the future activities or investments of any person,
including prohibiting the person from engaging in the same type of endeavor as the
enterprise engaged in, to the extent the Utah Constitution and the Constitution of the
United States permit; or
(d)
order the dissolution or reorganization of an enterprise.
(7)
If a violation of this section is based on a pattern of unlawful activity consisting of acts
or conduct in violation of Section
76-5c-202
,
76-5c-202.2
,
76-5c-203
,
76-5c-203.2
,
76-5c-204
,
76-5c-205
,
76-5c-205.2
,
76-5c-206
,
76-5c-206.2
,
or
76-5c-305
, the court
may not enter an order that would amount to a prior restraint on the exercise of an
affected party's rights under the First Amendment to the Constitution of the United
States or Utah Constitution, Article I, Section 15.
Section 13. Section
77-11b-102
is amended to read:
77-11b-102
. Property subject to forfeiture.
(1)
(a)
Except as provided in Subsection
(2)
,
(3)
,
(4)
, or
(5)
, an agency may seek to
forfeit:
(i)
seized property that was used to facilitate the commission of an offense that is a
violation of federal or state law; or
(ii)
seized proceeds.
(b)
An agency, or the prosecuting attorney, may not forfeit the seized property of an
innocent owner or an interest holder.
(2)
If seized property is used to facilitate an offense that is a violation of Section
76-5c-202
,
76-5c-202.2
,
76-5c-203
,

76-5c-203.2
,

76-5c-204
,
76-5c-205
,
76-5c-205.2
,
76-5c-206
,
76-5c-206.2
,
or
76-5c-305
, an agency may not forfeit the property if the forfeiture would
constitute a prior restraint on the exercise of an affected party's rights under the First
Amendment to the Constitution of the United States or
Utah Constitution, Article I,
Section 15
, or would otherwise unlawfully interfere with the exercise of the party's
rights under the First Amendment to the Constitution of the United States or
Utah
Constitution, Article I, Section 15.
(3)
If a motor vehicle is used in an offense that is a violation of Section
41-6a-502
,
41-6a-517
, a local ordinance that complies with the requirements of Subsection
41-6a-510(1)
, Subsection
76-5-102.1(2)(b)
, or Section
76-5-207
, an agency may not
seek forfeiture of the motor vehicle, unless:
(a)
the operator of the vehicle has previously been convicted of an offense committed
after May 12, 2009, that is:
(i)
a felony driving under the influence violation under Section
41-6a-502
or
Subsection
76-5-102.1(2)(a)
;
(ii)
a felony violation under Subsection
76-5-102.1(2)(b)
;
(iii)
a violation under Section
76-5-207
; or
(iv)
operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before
May 4, 2022,
Laws of Utah 2021, Chapter 236
, Section 1, Subsection
58-37-8(2)(g)
; or
(b)
the operator of the vehicle was driving on a denied, suspended, revoked, or
disqualified license and:
(i)
the denial, suspension, revocation, or disqualification under Subsection
(3)(b)(ii)

was imposed because of a violation under:
(A)
Section
41-6a-502
;
(B)
Section
41-6a-517
;
(C)
a local ordinance that complies with the requirements of Subsection
41-6a-510(1)
;
(D)
Section
41-6a-520.1
;
(E)
operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before
May 4, 2022,
Laws of Utah 2021, Chapter 236
, Section 1, Subsection
58-37-8(2)(g)
;
(F)
Section
76-5-102.1
;
(G)
Section
76-5-207
; or
(H)
a criminal prohibition as a result of a plea bargain after having been originally
charged with violating one or more of the sections or ordinances described in
Subsections
(3)(b)(i)(A)
through
(G)
; or
(ii)
the denial, suspension, revocation, or disqualification described in Subsection
(3)(b)(i)
:
(A)
is an extension imposed under Subsection
53-3-220(2)
of a denial, suspension,
revocation, or disqualification; and
(B)
the original denial, suspension, revocation, or disqualification was imposed
because of a violation described in Subsection
(3)(b)(i)
.
(4)
If a peace officer seizes property incident to an arrest solely for possession of a
controlled substance under Subsection
58-37-8(2)(a)(i)
but not Subsection
58-37-8(2)(b)(i)
, an agency may not seek to forfeit the property that was seized in
accordance with the arrest.
(5)
If a peace officer seizes an individual's firearm as the result of an offense under Section
76-11-218
, an agency may not seek to forfeit the individual's firearm if the individual
may lawfully possess the firearm.
Section 14. Section
77-22-2.5
is amended to read:
77-22-2.5
. Court orders for criminal investigations for records concerning an
electronic communications system or service or remote computing service -- Content --
Fee for providing information.
(1)
As used in this section:
(a)
(i)
"Electronic communication" means any transfer of signs, signals, writing,
images, sounds, data, or intelligence of any nature transmitted in whole or in part
by a wire, radio, electromagnetic, photoelectronic, or photooptical system.
(ii)
"Electronic communication" does not include:
(A)
a wire or oral communication;
(B)
a communication made through a tone-only paging device;
(C)
a communication from a tracking device; or
(D)
electronic funds transfer information stored by a financial institution in a
communications system used for the electronic storage and transfer of funds.
(b)
"Electronic communications service" means a service which provides for users the
ability to send or receive wire or electronic communications.
(c)
"Electronic communications system" means a wire, radio, electromagnetic,
photooptical, or photoelectronic facilities for the transmission of wire or electronic
communications, and a computer facilities or related electronic equipment for the
electronic storage of the communication.
(d)
"Internet service provider" means the same as that term is defined in Section
76-5c-401
.
(e)
"Prosecutor" means the same as that term is defined in Section
77-22-4.5
.
(f)
"Remote computing service" means the provision to the public of computer storage
or processing services by means of an electronic communications system.
(g)
(i)
"Sexual offense against a minor" means:
(A)
sexual exploitation of a minor or attempted sexual exploitation of a minor in
violation of Section
76-5b-201
;
(B)
aggravated sexual exploitation of a minor or attempted aggravated sexual
exploitation of a minor in violation of Section
76-5b-201.1
;
(C)
a sexual offense or attempted sexual offense committed against a minor in
violation of
Title 76, Chapter 5, Part 4, Sexual Offenses
;
(D)
dealing in or attempting to deal in material
or performances
harmful to a
minor in violation of Section
76-5c-205
or
,
76-5c-205.2
,

76-5c-206
, or
76-5c-206.2
;
(E)
human trafficking of a child in violation of Section
76-5-308.5
; or
(F)
aggravated sexual extortion of a child in violation of Section
76-5b-204
.
(ii)
"Sexual offense against a minor" does not include an offense described in Section
76-5-418
,
76-5-419
, or
76-5-420
.
(2)
When a law enforcement agency is investigating a sexual offense against a minor, an
offense of stalking under Section
76-5-106.5
, or an offense of child kidnapping under
Section
76-5-301.1
, and has reasonable suspicion that an electronic communications
system or service or remote computing service has been used in the commission of a
criminal offense, a law enforcement agent shall:
(a)
articulate specific facts showing reasonable grounds to believe that the records or
other information sought, as designated in Subsections
(2)(c)(i)
through
(v)
, are
relevant and material to an ongoing investigation;
(b)
present the request to a prosecutor for review and authorization to proceed; and
(c)
submit the request to a magistrate for a court order, consistent with 18 U.S.C. Sec.
2703 and 18 U.S.C. Sec. 2702, to the electronic communications system or service or
remote computing service provider that owns or controls the Internet protocol
address, websites, email address, or service to a specific telephone number, requiring
the production of the following information, if available, upon providing in the court
order the Internet protocol address, email address, telephone number, or other
identifier, and the dates and times the address, telephone number, or other identifier
is suspected of being used in the commission of the offense:
(i)
names of subscribers, service customers, and users;
(ii)
addresses of subscribers, service customers, and users;
(iii)
records of session times and durations;
(iv)
length of service, including the start date and types of service utilized; and
(v)
telephone or other instrument subscriber numbers or other subscriber identifiers,
including a temporarily assigned network address.
(3)
A court order issued under this section shall state that the electronic communications
system or service or remote computing service provider shall produce a record under
Subsections
(2)(c)(i)
through
(v)
that is reasonably relevant to the investigation of the
suspected criminal activity or offense as described in the court order.
(4)
(a)
An electronic communications system or service or remote computing service
provider that provides information in response to a court order issued under this
section may charge a fee, not to exceed the actual cost, for providing the information.
(b)
The law enforcement agency conducting the investigation shall pay the fee.
(5)
The electronic communications system or service or remote computing service provider
served with or responding to the court order may not disclose the court order to the
account holder identified
pursuant to
in accordance with
the court order for a period of
90 days.
(6)
If the electronic communications system or service or remote computing service
provider served with the court order does not own or control the Internet protocol
address, websites, or email address, or provide service for the telephone number that is
the subject of the court order, the provider shall notify the investigating law enforcement
agency that the provider does not have the information.
(7)
There is no cause of action against a provider or wire or electronic communication
service, or the provider or service's officers, employees, agents, or other specified
persons, for providing information, facilities, or assistance in accordance with the terms
of the court order issued under this section or statutory authorization.
(8)
(a)
A court order issued under this section is subject to the provisions of
Title 77,
Chapter 23b, Access to Electronic Communications
.
(b)
Rights and remedies for providers and subscribers under
Title 77, Chapter 23b,
Access to Electronic Communications
, apply to providers and subscribers subject to a
court order issued under this section.
(9)
A prosecutorial agency shall annually on or before February 15 report to the
Commission on Criminal and Juvenile Justice:
(a)
the number of requests for court orders authorized by the prosecutorial agency;
(b)
the number of orders issued by the court and the criminal offense,
pursuant to
in
accordance with
Subsection
(2)
, each order was used to investigate; and
(c)
if the court order led to criminal charges being filed, the type and number of offenses
charged.
Section 15. Section
78B-6-2105
is amended to read:
78B-6-2105
. Civil action for enforcement -- Penalties.
(1)
A person who distributes or otherwise provides pornographic material to consumers
may not distribute any obscene material or performance as defined in Section
76-5c-101

without first giving a clear and reasonable warning of the harmful impact of exposing
minors to the material or performance.
(2)
The warning of the harm shall be prominently displayed in the following form:
STATE OF UTAH WARNING
Exposing minors to obscene material may damage or negatively impact minors.
(3)
(a)
For print publications created after May 12, 2020, the warning in Subsection
(2)

shall be placed in clear, readable type on the cover of each publication which
includes material as defined in Section
76-5c-101
.
(b)
For digital publications:
(i)
the warning in Subsection
(2)
shall be displayed in searchable text format and for
at least five seconds
prior to
before
the display of any video or each image which
includes material as defined in Section
76-5c-101
; or
(ii)
if the website complies with Subsection 78B-6-2103(3), it is not required to
display the warning in Subsection
(2)

prior to
before
each video or image
contained on the website.
(4)
A person who violates this section shall be liable for a civil penalty not to exceed
$2,500 per violation, plus filing fees and attorney fees, in addition to any other penalty
established by law, and enjoined from further violations.
(5)
The civil penalty may be assessed and recovered in a civil action brought in any court of
competent jurisdiction.
(6)
Each of the following violations shall create a separate liability per violation:
(a)
the sale or display of potentially harmful content without the warning required in
Subsection
(2)
, in accordance with Subsection
(3)
; or
(b)
the absence of the following searchable text within the website's metadata -
utahobscenitywarning.
(7)
The determination by a court as to whether a person is distributing material the state
considers to be obscene material or performance as defined in Section
78B-6-1203
shall
be proven by clear and convincing evidence. All other elements of proof shall be proven
by a preponderance of the evidence.
(8)
The court, in ordering payment, shall specify each amount for the civil penalty, filing
fees, and attorney fees.
(9)
In assessing the amount of a civil penalty for a violation of this chapter, the court shall
consider all of the following:
(a)
the nature and extent of the violation;
(b)
the number and severity of the violations;
(c)
the economic effect of the penalty on the violator;
(d)
whether the violator took good faith measures to comply with this chapter and when
those measures were taken;
(e)
the willfulness of the violator's misconduct;
(f)
the deterrent effect that the imposition of the penalty would have on both the violator
and the regulated community as a whole; and
(g)
any other factor that the court determines justice requires.
(10)
Actions
pursuant to
in accordance with
this section may be brought by the attorney
general's office in the name of the people of the state or by a private person in
accordance with Subsection
(11)
.
(11)
A private person may bring an action in the public interest
pursuant to
in accordance
with
this section if:
(a)
the person has served notice of an alleged violation of Section
78B-6-2103
on the
alleged violator and the attorney general's office;
(b)
the attorney general's office has not provided a letter to the noticing party within 60
days of receipt of the notice of an alleged violation indicating that:
(i)
an action is currently being pursued or will be pursued by the attorney general's
office regarding the violation; or
(ii)
the attorney general believes that there is no merit to the action; and
(c)
the alleged violator has not responded to the notice of alleged violation or returned
the proof of compliance form provided in Subsection
(17)
.
(12)
If a lawsuit is commenced, the plaintiff may include additional violations in the claim
that are discovered through the discovery process.
(13)
Notice of the alleged violation shall be executed by the attorney for the noticing party,
or by the noticing party, if the noticing party is not represented by an attorney, and
include a notice of alleged violation. The notice of alleged violation shall:
(a)
state that the person executing the notice believes that there is a violation; and
(b)
provide factual information sufficient to establish the basis for the alleged violation.
(14)
A person who serves a notice of alleged violation identified in Subsection
(13)
shall
complete and provide to the alleged violator at the time the notice of alleged violation is
served, a notice of special compliance procedure and proof of compliance form
pursuant to
in accordance with
Subsection
(17)
. The person may file an action against
the alleged violator, or recover from the alleged violator if:
(a)
the notice of alleged violation alleges that the alleged violator failed to provide a
clear and reasonable warning as required under Subsection
(1)
; and
(b)
within 14 days after receipt of the notice of alleged violation, the alleged violator has
not:
(i)
corrected the alleged violation and all similar violations known to the alleged
violator;
(ii)
agreed to pay a penalty for the alleged violation in the amount of $500 per
violation; and
(iii)
notified, in writing, the noticing party that the violation has been corrected.
(15)
The written notice required in Subsection
(14)(b)(iii)
shall be the notice of special
compliance procedure and proof of compliance form specified in Subsection
(17)
. The
alleged violator shall deliver the civil penalty to the noticing party within 30 days of
receipt of the notice of alleged violation.
(16)
The attorney general shall review the notice of alleged violation and may confer with
the noticing party. If the attorney general believes there is no merit to the action, the
attorney general shall, within 45 days of receipt of the notice of alleged violation,
provide a letter to the noticing party and the alleged violator stating that the attorney
general believes there is no merit to the action.
(17)
The notice required to be provided to an alleged violator
pursuant to
in accordance with
Subsection
(14)
shall be presented as follows:
Date:
Name of Noticing Party or attorney for Noticing Party:
Address:
Phone number:
SPECIAL COMPLIANCE PROCEDURE
PROOF OF COMPLIANCE
You are receiving this form because the Noticing Party listed above has alleged that you
are in violation of Utah Code Section
78B-6-2103
.
The Noticing Party may bring legal proceedings against you for the alleged violation
checked below if:
(1) you have not actually taken the corrective steps that you have certified in this form;
(2) the Noticing Party has not received this form at the address shown above, accurately
completed by you, postmarked within 14 days of your receiving this notice; and
(3) the Noticing Party does not receive the required $500 penalty payment for each
violation alleged from you at the address shown above postmarked within 30 days of your
receiving this notice.
PART 1: TO BE COMPLETED BY THE NOTICING PARTY OR ATTORNEY FOR
THE NOTICING PARTY
This notice of alleged violation is for failure to warn against an exposure to minors of
materials considered harmful to minors. (provide complete description of violation, including
when and where observed)
Date:
Name of Noticing Party or attorney for Noticing Party:
Address:
Phone number:
PART 2: TO BE COMPLETED BY THE ALLEGED VIOLATOR OR AUTHORIZED
REPRESENTATIVE
Certification of Compliance
Accurate completion of this form will demonstrate that you are now in compliance with
Utah Code Section
78B-6-2103
, for the alleged violation listed above. You must complete and
submit the form below to the Noticing Party at the address shown above, postmarked within 14
days of you receiving this notice.
I hereby agree to pay, within 30 days of receipt of this notice, a penalty of $500 for each
violation alleged to the Noticing Party only and certify that I have complied with by (check
only one of the following):
[ ] Posting a warning or warnings, and attaching a copy of that warning and a
photograph accurately showing its placement on the print or digital publication.
[ ] Eliminating the alleged exposure, and attaching a statement accurately describing
how the alleged exposure has been eliminated.
CERTIFICATION
My statements on this form, and on any attachments to it, are true, complete, and correct
to the best of my knowledge and belief and are made in good faith. I have carefully read the
instructions to complete this form. I understand that if I make a false statement on this form, I
may be subject to additional penalties under Utah Code Sections
76-5c-205
and
,
76-5c-205.2
,

76-5c-206
, and
76-5c-206.2
.
Signature of alleged violator or authorized representative:
Date:
Name and title of signatory:
(18)
An alleged violator may satisfy the conditions set forth in Subsection
(17)
only one
time for a specific violation.
(19)
Notwithstanding Subsection
(17)
, the attorney general may file an action
pursuant to
in accordance with
Subsection
(10)
against an alleged violator. In any action, the amount
of any civil penalty for a violation shall be reduced to reflect any payment made by the
alleged violator to a private person in accordance with Subsection
(17)
for the same
alleged violation.
(20)
Payments shall be made in accordance with this section.
(a)
A civil penalty ordered by the court shall be paid to the plaintiff as directed by the
court.
(b)
A penalty paid in accordance with the special compliance procedure in Subsection
(17)
shall be made directly to the noticing party.
(21)
The Utah Office for Victims of Crime shall receive 50% of any penalty paid in
accordance with this section. Funds received shall be deposited into the Crime Victim
Reparations Fund created in Section
63M-7-526
. The penalty amount upon which the
50% is calculated may not include attorney fees or costs awarded by the court.
(a)
If the penalty is paid to a noticing party in accordance with Subsection
(17)
, the
noticing party shall remit the required amount along with a copy of the Special
Compliance Procedure document.
(b)
If a civil penalty is ordered by the court, the plaintiff shall remit the required amount
along with a copy of the court order.
(22)
The attorney general's office shall provide to the Utah Office for Victims of Crime a
copy of all notices of alleged violations to which the attorney general's office did not
respond with a letter of no merit in accordance with Subsection
(16)
.
(23)
The court shall provide to the Utah Office for Victims of Crime a copy of the court's
order for payment.
(24)
The Utah Office for Victims of Crime shall:
(a)
maintain a record of documents and payments submitted
pursuant to
in accordance
with
Subsections
(21)
, (22), and (23);
(b)
create and provide to the Legislature in odd-numbered years beginning November
2021, a report containing the following for the previous two years:
(i)
the number of notices of alleged violations received from the attorney general's
office;
(ii)
the number of court orders received; and
(iii)
the total amount received and deposited into the Crime Victim Reparations Fund.
(25)
This section does not apply to:
(a)
a person portrayed in obscene or pornographic material that is created, duplicated, or
distributed without the person's knowledge or consent; or
(b)
a person who is coerced or blackmailed into distributing obscene or pornographic
material.
(26)
Beginning May 1, 2025, and at each five-year interval, the dollar amount of the civil
penalty provided in Subsection
(4)
shall be adjusted by the Judicial Council based on the
change in the annual Consumer Price Index for the most recent five-year period ending
on December 31 of the previous year, and rounded to the nearest five dollars. The
attorney general shall publish the dollar amount of the civil penalty together with the
date of the next scheduled adjustment.
Section 16.
Effective Date.
This bill takes effect on
May 6, 2026
.
Section 17.
Coordinating H.B. 114 with S.B. 18.
If H.B. 114, Adult-oriented Performance and Material Amendments, and S.B. 18,
Criminal Offense Modifications, both pass and become law, the Legislature intends that, on
May 6, 2026, Subsection 76-5c-205(3)(b)(iii) enacted in H.B. 114 supersede Subsection
76-5c-205(3)(b)(iii) enacted in S.B. 18.
2-2-26 5:30 PM