Obscene Animal Abuse Material Amendments

67
76-5c-101
76-5c-102
76-5c-103
76-5c-104
76-5c-106
76-5c-107
76-5c-109
76-5c-110
76-5c-203
76-5c-204
76-5c-208
76-5c-212
76-5c-213
76-5c-214
76-5c-215
76-17-401
76-17-403
78B-6-2101
78B-6-2102
78B-6-2103
78B-6-2105
0
Obscene Animal Abuse Material Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: Stephanie Gricius
LONG TITLE
General Description:
This bill addresses obscene animal abuse material.
Highlighted Provisions:
This bill:
separates animal sexual abuse from the current definition of pornographic and creates a
new definition of obscene animal abuse material;
creates a standalone criminal offense of distributing obscene animal abuse material;
adds animal crushing to the criminal offense of distributing obscene animal abuse
material;
ensures that obscene animal abuse material is treated the same throughout the code as
pornographic materials; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5c-101
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5c-102
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5c-103
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5c-104
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5c-106
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5c-107
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5c-109
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5c-110
, 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-204
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5c-208
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5c-212
, as enacted by Laws of Utah 2025, Chapter 173
76-5c-213
, as enacted by Laws of Utah 2025, Chapter 173
76-5c-214
, 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
78B-6-2101
, as enacted by Laws of Utah 2017, Chapter 464
78B-6-2102
, as last amended by Laws of Utah 2025, Chapter 173
78B-6-2103
, as last amended by Laws of Utah 2024, Chapter 168
78B-6-2105
, as last amended by Laws of Utah 2025, Chapter 173
ENACTS:
76-5c-215
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-5c-101
is amended to read:
76-5c-101
. Definitions.
As used in this chapter:
(1)
(a)
"Animal crushing" means actual conduct in which a living non-human mammal,
bird, reptile, or amphibian is intentionally crushed, burned, drowned, suffocated,
impaled, or otherwise subjected to serious bodily injury.
(b)
"Animal crushing" does not include:
(i)
normal veterinary, agricultural husbandry, or other animal management practice;
(ii)
the slaughter of animals for food;
(iii)
hunting, trapping, fishing, or a sporting activity not otherwise prohibited by state
or federal law;
(iv)
medical or scientific research; or
(v)
conduct necessary to protect the life or property of an individual.
(1)
(2)
"Blinder rack" means an opaque cover that covers the lower 2/3 of a material so
that the lower 2/3 of the material is concealed from view.
(2)
(3)
"Constructive awareness" means that:
(a)
a reasonable inspection or observation by an individual under the circumstances
would have disclosed the nature of the subject matter; and
(b)
a failure to inspect or observe by the individual is either for the purpose of avoiding
the disclosure or the individual is criminally negligent.
(3)
(4)
"Contemporary community standards" means those current standards in the
vicinage where an offense alleged under this part has occurred, is occurring, or will
occur.
(4)
(5)
"Criminally negligent" means the same as that term is defined in Section
76-2-103
.
(5)
(6)
"Distribute" means to transfer possession of a material with or without
consideration.
(6)
(7)
"Exhibit" means to show.
(7)
(8)
(a)
"Harmful to minors" means that quality of any description or representation,
in whatsoever form, of nudity, sexual conduct, sexual excitement,
or
sadomasochistic abuse
, sexual conduct with an animal, or animal crushing
when it:
(i)
taken as a whole, appeals to the prurient interest in sex of minors;
(ii)
is patently offensive to prevailing standards in the adult community as a whole
with respect to what is suitable material for minors; and
(iii)
taken as a whole, does not have serious value for minors.
(b)
Serious value includes only serious literary, artistic, political, or scientific value for
minors.
(8)
(9)
"Knowingly," regarding material or a performance, means an awareness, whether
actual awareness or constructive awareness, of the character of the material or
performance.
(9)
(10)
(a)
"Material" means anything printed or written or any picture, drawing,
photograph, motion picture, or pictorial representation, or any statue or other figure,
or any recording or transcription, or any mechanical, chemical, or electrical
reproduction, or anything which is or may be used as a means of communication.
(b)
"Material" includes undeveloped photographs, molds, printing plates, and other
latent representational objects.
(10)
(11)
"Minor" means an individual younger than 18 years old.
(11)
(12)
"Negligently" means simple negligence, the failure to exercise that degree of
care that a reasonable and prudent person would exercise under like or similar
circumstances.
(12)
(13)
"Nudity" means:
(a)
the showing of the human male or female genitals, pubic area, or buttocks, with less
than an opaque covering;
(b)
the showing of a female breast with less than an opaque covering, or any portion of
the female breast below the top of the areola; or
(c)
the depiction of covered male genitals in a discernibly turgid state.
(14)
"Obscene animal abuse material" means material that:
(a)
(i)
depicts animal crushing; or
(ii)
sexual conduct with an animal; and
(b)
(i)
the average individual, applying contemporary community standards, finds
that, taken as a whole, the depiction of animal crushing or sexual conduct with an
animal appeals to prurient interest in sex;
(ii)
the depiction of animal crushing or sexual conduct with an animal is patently
offensive; and
(iii)
taken as a whole, the depiction of animal crushing or sexual conduct with an
animal does not have serious literary, artistic, political, or scientific value.
(13)
(15)
"Performance" means any physical human bodily activity, whether engaged in
alone or with other individuals, including singing, speaking, dancing, acting, simulating,
or pantomiming.
(14)
(16)
"Pornographic" means:
(a)
the average individual, applying contemporary community standards, finds that,
taken as a whole, the material or performance appeals to prurient interest in sex;
(b)
the material or performance is patently offensive in the description or depiction of
nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and
(c)
taken as a whole the material or performance does not have serious literary, artistic,
political, or scientific value.
(15)
(17)
"Public place" includes a place to which admission is gained by payment of a
membership or admission fee, however designated, notwithstanding its being designated
a private club or by words of like import.
(16)
(18)
"Sadomasochistic abuse" means:
(a)
flagellation or torture by or upon a person who is nude or clad in undergarments, a
mask, or in a revealing or bizarre costume; or
(b)
the condition of being fettered, bound, or otherwise physically restrained on the part
of an individual clothed as described in Subsection
(14)(a)
.
(17)
(19)
"Sexual conduct" means acts of masturbation, sexual intercourse, or any
touching of an individual's clothed or unclothed genitals, pubic area, buttocks, or, if the
individual is a female, breast, whether alone or between members of the same or
opposite sex
or between humans and animals
in an act of apparent or actual sexual
stimulation or gratification.
(20)
(a)
"Sexual conduct with an animal" means an act of sexual intercourse, or any
touching of an individual's clothed or unclothed genitals, pubic area, buttocks, or, if
the individual is a female, breast, between a human and an animal in an act of
apparent or actual sexual stimulation or gratification.
(b)
"Sexual conduct with an animal" includes a violation of bestiality as described in
Section
76-13-213
.
(18)
(21)
"Sexual excitement" means a condition of human male or female genitals when
in a state of sexual stimulation or arousal, or the sensual experiences of humans
engaging in or witnessing sexual conduct or nudity.
Section 2. Section
76-5c-102
is amended to read:
76-5c-102
. Evidence related to a material's or performance's literary, artistic,
political, or scientific value.
(1)
In a prosecution under this chapter, where circumstances of production, presentation,
sale, dissemination, distribution, exhibition, or publicity indicate that the matter is being
commercially exploited by the actor for the sake of the matter's prurient appeal, this
evidence is probative with respect to the nature of the matter and can justify the
conclusion that, in the context in which the matter is used, the matter has no serious
literary, artistic, political, or scientific value.
(2)
In a prosecution under this chapter neither the prosecution or the defense is required to
introduce expert witness testimony to testify as to whether a material or performance is
or is not harmful to adults or minors or is or is not pornographic
or obscene animal
abuse material
, or as to any element of the definition of pornographic
or obscene animal
abuse material
, including contemporary community standards.
Section 3. Section
76-5c-103
is amended to read:
76-5c-103
. Relation to other state and local laws.
(1)
(a)
A county, city, or other political subdivision has the right to regulate
obscene
animal abuse material,
pornographic
materials
material,
or
materials
material

harmful to minors as this chapter does not proscribe or limit the regulation of
obscene
animal abuse material,
pornographic
materials
material,
or
materials
material

harmful to minors by a county, city, or other political subdivision.
(b)
Without limitation, a political subdivision may further regulate
obscene animal abuse
material,
pornographic
materials
material,
or
materials
material
harmful to minors
by ordinances relating to:
(i)
zoning;
(ii)
licensing;
(iii)
public nuisances;
(iv)
a specific type of business such as adult bookstores or drive-in movies; or
(v)
use of blinder racks.
(2)
This chapter does not preclude the application of other laws of this state to
obscene
animal abuse material,
pornographic
materials
material,
or
materials
material
harmful
to minors and, without limitation, this chapter is not in derogation of Subsection
76-9-1301(2)
and Section
76-9-1306
.
(3)
(a)
The commission of a crime under this chapter offends public decency under
Subsection
76-9-1301(2)
.
(b)
It is the intent of this chapter to give the broadest meaning permissible under the
United States Constitution and the Utah Constitution to the words "offends public
decency" in Subsection
76-9-1301(2)
.
Section 4. Section
76-5c-104
is amended to read:
76-5c-104
. Injunctive relief -- Jurisdiction -- Consent to be sued.
(1)
(a)
Subject to Subsections
(1)(b)
, (c), (d), and (e), a district court has full power,
authority, and jurisdiction, upon application by any county attorney or city attorney
within the county attorney's or city attorney's respective jurisdictions or the attorney
general, to issue any and all proper restraining orders, preliminary and permanent
injunctions, and any other writs and processes appropriate to carry out and enforce
the provisions of this chapter.
(b)
No restraining order or injunction, however, shall issue except upon notice to the
person sought to be enjoined.
(c)
The person sought to be enjoined is entitled to a trial of the issues commencing
within three days after the day on which the answer to the complaint is filed and a
decision by the court is required to be rendered within two days after the conclusion
of the trial.
(d)
If a final order or judgment of injunction is entered against the person sought to be
enjoined, this final order or judgment shall contain a provision directing the person to
surrender to the sheriff of the county in which the action was brought any
pornographic material in the person's possession which is subject to the injunction.
(e)
The sheriff receiving the material described in Subsection
(1)(d)
shall be directed to
seize and destroy the material.
(2)
Any person not qualified to do business in the state who sends or brings any
obscene
animal abuse material or
pornographic material into the state with the intent to distribute
or exhibit the
obscene animal abuse material or
pornographic material to others in this
state consents that the person may be sued in any proceedings commenced under this
section.
Section 5. Section
76-5c-106
is amended to read:
76-5c-106
. Corporate defendants -- Summons -- Subpoena duces tecum.
(1)
(a)
The attendance in court by a corporation for purposes of commencing or
prosecuting a criminal action against the corporation under this chapter may be
accomplished by the issuance and service of a summons issued by a magistrate if the
magistrate finds probable cause that material in the possession of the corporation is
obscene animal abuse material,
pornographic
,
or harmful to minors, which finding
shall be upon affidavit describing with specificity the material alleged to be
obscene
animal abuse material,
pornographic
,
or harmful to minors or by another manner or
means the magistrate finds necessary.
(b)
Where practical, the material alleged to be
obscene animal abuse material,
pornographic
,
or harmful to minors shall be attached to the affidavit described in
Subsection
(1)(a)
to provide the magistrate with the opportunity to examine the
material.
(c)
The summons must be served upon the corporation by delivery of the summons to an
officer, director, managing or general agent, or cashier, or assistant cashier of the
corporation.
(2)
The production of material alleged to be
obscene animal abuse material,
pornographic
,

or harmful to minors in any proceedings under this chapter against a corporation may be
compelled by the issuance and service of a subpoena duces tecum.
(3)
This section does not prohibit or limit the use of a subpoena duces tecum in proceedings
against individuals under this chapter.
Section 6. Section
76-5c-107
is amended to read:
76-5c-107
. Search and seizure -- Affidavit -- Issuance of warrant -- Hearing
upon claim that material seized not pornographic or harmful to minors -- Procedures
cumulative.
(1)
(a)
An affidavit for a search warrant shall be filed with a magistrate describing with
specificity the material sought to be seized.
(b)
Where practical, the material alleged to be
obscene animal abuse material,
pornographic
,
or harmful to minors shall be attached to the affidavit for a search
warrant described in Subsection
(1)(a)
to provide the magistrate with the opportunity
to examine the material.
(2)
(a)
Upon the filing of an affidavit for a search warrant under Subsection
(1)
, the
magistrate shall determine, by examination of the material sought to be seized if
attached, by examination of the affidavit describing the material, or by another
manner or means that the magistrate finds necessary, whether probable cause exists
to believe that the material is
obscene animal abuse material,
pornographic
,
or
harmful to minors and whether probable cause exists for the immediate issuance of a
search warrant.
(b)
Upon making the determination that probable cause exists under Subsection
(2)(a)
,
the magistrate shall issue a search warrant ordering the seizure of the material
described in the affidavit for a search warrant according to the provisions of the Utah
Rules of Criminal Procedure.
(3)
(a)
If a search warrant is issued under Subsection
(2)
and the material alleged to be
obscene animal abuse material,
pornographic
,
or harmful to minors is seized under
the provisions of this section, any person claiming to be in possession of this material
or claiming ownership of the material at the time of the material's seizure may file a
notice in writing with the magistrate within 10 days after the day on which the
material was seized, to assert that the material is not
obscene animal abuse material,
pornographic
,
or harmful to minors.
(b)
The magistrate shall set a hearing within seven days after the filing of the notice
described in Subsection
(3)(a)
, or at another time with the consent of the claimant, at
which evidence may be presented regarding whether there is probable cause to
believe that the material seized is
obscene animal abuse material,
pornographic
,
or
harmful to minors.
(c)
(i)
At the conclusion of the hearing described in Subsection
(3)(b)
, the magistrate
shall make a further determination of whether probable cause exists to believe that
the material is
obscene animal abuse material,
pornographic
,
or harmful to minors.
(ii)
The magistrate's determination described in Subsection
(3)(c)(i)
shall be rendered
by the court within two days after the day on which the hearing described in
Subsection
(3)(b)
concludes.
(d)
If at the hearing described in Subsection
(3)(b)
the magistrate finds that no probable
cause exists to believe that the material is
obscene animal abuse material,
pornographic
,
or harmful to minors, the material shall be returned to the person from
whom it was seized.
(e)
If the material seized is a film, and the claimant demonstrates that no other copy of
the film is available to the claimant, the court shall allow the film to be copied at the
claimant's expense pending the hearing described in Subsection
(3)(b)
.
(4)
If a motion to suppress the evidence is granted on the grounds of an unlawful seizure,
the property shall be restored unless it is subject to confiscation as contraband, in which
case the property may not be returned.
(5)
(a)
Procedures under this section for the seizure of allegedly
obscene animal abuse
material,
pornographic material
,
or material harmful to minors are cumulative of all
other lawful means of obtaining evidence as provided by the laws of this state.
(b)
This section does not prevent the obtaining of allegedly
obscene animal abuse
material,
pornographic material
,
or material harmful to minors by purchase, subpoena
duces tecum, or under injunction proceedings as authorized by this act or by any
other provision of law of the state.
Section 7. Section
76-5c-109
is amended to read:
76-5c-109
. Affirmative defenses.
(1)
It is an affirmative defense to a prosecution under this chapter that the distribution of
obscene animal abuse material or
pornographic material is restricted to institutions or
persons having scientific, educational, governmental, or other similar justification for
possessing
obscene animal abuse material or
pornographic material.
(2)
It is not a defense to a prosecution under this chapter that the actor is a motion picture
projectionist, usher, ticket-taker, bookstore employee, or otherwise is required to violate
this chapter incident to the actor's employment.
Section 8. Section
76-5c-110
is amended to read:
76-5c-110
. Exemptions to chapter.
(1)
This chapter does not apply to the Department of Corrections or any treatment program
by or under contract with the Department of Corrections when the use of material that is
pornographic
or obscene animal abuse material
is limited to the assessment or treatment
of an offender as defined in Section
64-13-1
.
(2)
A woman breast feeding, including breast feeding in any location where the woman
otherwise may rightfully be, does not under any circumstance constitute a violation of
this chapter, irrespective of whether the woman's breast is covered during or incidental
to feeding.
Section 9. Section
76-5c-203
is amended to read:
76-5c-203
. Aiding or abetting a minor in distributing pornographic material or
obscene animal abuse 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
or
obscene animal abuse 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
or obscene animal abuse material
into
the state with intent to distribute or exhibit the
pornographic
material to another
individual;
(ii)
preparing, publishing, printing, or possessing pornographic material
or obscene
animal abuse 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
or obscene animal abuse material
to another individual;
(iv)
writing, creating, or soliciting the publication or advertising of pornographic
material
or obscene animal abuse material
;
(v)
promoting the distribution or exhibition of
obscene animal abuse material or

material the minor represents to be pornographic
or obscene animal abuse material
;
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.
(4)
(a)
Each act of distributing pornographic material
or obscene animal abuse 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
or obscene animal
abuse material motion picture film
; and
(ii)
each day in which any pornographic publication
or obscene animal abuse material
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
internet
service provider if:
(i)
the distribution of pornographic material
or obscene animal abuse material
by the
Internet
internet
service provider occurs only incidentally through the
Internet
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
internet
service provider does not intentionally aid or abet in the
distribution of the pornographic material
or obscene animal abuse material
; and
(iii)
the
Internet
internet
service provider does not knowingly receive funds from or
through a person who distributes the pornographic material
or obscene animal
abuse material
in exchange for permitting the person to distribute the
pornographic material
or obscene animal abuse material
.
(b)
This section does not apply to a hosting company if:
(i)
the distribution of pornographic material
or obscene animal abuse 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
or obscene animal abuse material
; and
(iii)
the hosting company does not knowingly receive funds from or through a person
who distributes the pornographic material
or obscene animal abuse material
in
exchange for permitting the person to distribute, store, or cache the pornographic
material
or obscene animal abuse material
.
(6)
Subsection
(3)
supersedes Section
77-18-105
.
Section 10. Section
76-5c-204
is amended to read:
76-5c-204
. Inducing acceptance of pornographic material or obscene animal
abuse 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

inducing acceptance of pornographic material
or obscene animal
abuse material
if the actor knowingly:
(a)
requires or demands as a condition to a sale, allocation, consignment, or delivery for
resale of any newspaper, magazine, periodical, book, publication, or other
merchandise that the purchaser or consignee receive any pornographic material
or
obscene animal abuse material
or material reasonably believed by the purchaser or
consignee to be pornographic
or obscene animal abuse material
; or
(b)
denies, revokes, or threatens to deny or revoke a franchise, or to impose any penalty,
financial or otherwise, because of the failure or refusal to accept pornographic
material
or obscene animal abuse material
or material reasonably believed by the
purchaser or consignee to be pornographic
or obscene animal abuse material
.
(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.
(4)
(a)
This section does not apply to an
Internet
internet
service provider if:
(i)
the distribution of pornographic material
or obscene animal abuse material
by the
Internet
internet
service provider occurs only incidentally through the
Internet
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
internet
service provider does not intentionally aid or abet in the
distribution of the pornographic material
or obscene animal abuse material
; and
(iii)
the
Internet
internet
service provider does not knowingly receive funds from or
through a person who distributes the pornographic material
or obscene animal
abuse material
in exchange for permitting the person to distribute the
pornographic material
or obscene animal abuse material
.
(b)
This section does not apply to a hosting company if:
(i)
the distribution of pornographic material
or obscene animal abuse 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
or obscene animal abuse material
; and
(iii)
the hosting company does not knowingly receive funds from or through a person
who distributes the pornographic material
or obscene animal abuse material
in
exchange for permitting the person to distribute, store, or cache the pornographic
material
or obscene animal abuse material
.
(5)
Subsection
(3)
supersedes Section
77-18-105
.
Section 11. Section
76-5c-208
is amended to read:
76-5c-208
. 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
.
; or
(E)
is obscene animal abuse material.
(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
pornographic or indecent material on school property if:
(a)
creating, viewing, or accessing pornographic or indecent material on school
property if the actor willfully or knowingly
the actor intentionally or knowingly
creates, views, or otherwise gains access to pornographic or indecent material
; and
(b)
while
the actor is
present on school property
when creating, viewing, or otherwise
gaining access to the material described in Subsection
(2)(a)
.
(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)
aiding or abetting a minor in distributing pornographic material
or obscene animal
abuse material
as described in Section
76-5c-203
;
(c)
inducing acceptance of pornographic material
or obscene animal abuse material
as
described in Section
76-5c-204
;
(d)
distributing material harmful to minors as described in Section
76-5c-205
;
(e)
aiding or abetting a minor in distributing material harmful to minors as described in
Section
76-5c-206
;
or
(f)
indecent public display in the presence of a minor as described in Section
76-5c-207
.
;
or
(g)
distributing obscene animal abuse material as described in Section
76-5c-215
.
(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 12. Section
76-5c-212
is amended to read:
76-5c-212
. Fee owner or intermediate lessor allowing real property to be used
for illicit pornographic purposes.
(1)
(a)
As used in this section, "allow" means a failure to exercise the option to void the
lease or other title described in Section
76-5c-105
within 10 days after the day on
which the fee owner or lessor receives notice in writing from the county attorney of
the county where the property is situated, or if situated in a city of the first or second
class, from the city attorney of that city, that the property is being used for a purpose
prohibited under this chapter.
(b)
Terms defined in Sections
76-1-101.5
,
76-5c-101
, and
76-5c-201
apply to this
section.
(2)
An actor commits fee owner or intermediate lessor allowing real property to be used for
illicit
pornographic purposes if:
(a)
the actor is a fee owner or intermediate lessor of real property;
(b)
the actor knowingly allows the real property described in Subsection
(2)
(a) to be
used by a tenant or occupant, or a tenant's or occupant's employee, for the purpose of
distributing or exhibiting pornographic materials
or obscene animal abuse materials
,
or for pornographic performances; and
(c)
the tenant or occupant, or the tenant's or occupant's employee, has been convicted of
a
previous
violation of this chapter for an offense that occurred on the property and
all avenues of direct appeal from the conviction have been exhausted or abandoned.
(3)
A violation of Subsection
(2)
is a class A misdemeanor.
(4)
Any fine assessed for a conviction under this section becomes a lien upon the real
property described in Subsection
(2)(a)
, if the fine is not paid within 30 days after the
day on which the judgment is entered.
Section 13. Section
76-5c-213
is amended to read:
76-5c-213
. Tenant or occupant failing to exit real property after using the
property for obscene animal abuse material or pornographic purposes.
(1)
Terms defined in Sections
76-1-101.5
,
76-5c-101
, and
76-5c-201
apply to this section.
(2)
An actor commits tenant or occupant failing to exit real property after using the property
for
obscene animal abuse material or
pornographic purposes if the actor:
(a)
is a tenant or occupant of real property;
(b)
received notice in writing that the fee owner or intermediate lessor of the real
property is exercising the option to void the lease or other title described in Section
76-5c-105
; and
(c)
does not permanently exit the premises within 10 days after the day on which the
actor received the notice described in Subsection
(2)(b)
.
(3)
A violation of Subsection
(2)
is a class A misdemeanor.
Section 14. Section
76-5c-214
is amended to read:
76-5c-214
. Conspiracy to commit an obscene animal abuse material or
pornographic or harmful materials violation.
(1)
Terms defined in Sections
76-1-101.5
,
76-5c-101
, and
76-5c-201
apply to this section.
(2)
An actor commits conspiracy to commit a pornographic or harmful materials violation if
the actor conspires with two or more persons to commit a violation of this chapter.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)
is a third
degree felony subject to:
(i)
a minimum mandatory fine of not less than $1,000; and
(ii)
incarceration, without suspension of the sentence in any way, for a term of not
less than 60 days.
(b)
A violation of Subsection
(2)
is a second degree felony if the actor has previously
been convicted of a violation of Subsection
(2)
and is subject to:
(i)
a minimum mandatory fine of not less than $5,000; and
(ii)
incarceration, without suspension of the sentence in any way, for a term of not
less than one year.
(4)
Subsection
(3)
supersedes Section
77-18-105
.
Section 15. Section
76-5c-215
is enacted to read:
76-5c-215
. Distributing obscene animal abuse 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 obscene animal abuse material if the actor:
(a)
sends or brings obscene animal abuse material into the state with intent to distribute
or exhibit the obscene animal abuse material to another individual;
(b)
prepares, publishes, prints, or possesses obscene animal abuse material with intent to
distribute or exhibit the obscene animal abuse material to another individual;
(c)
distributes or offers to distribute, or exhibits or offers to exhibit, obscene animal
abuse material to another individual;
(d)
writes, creates, or solicits the publication or advertising of obscene animal abuse
material; or
(e)
promotes the distribution or exhibition of obscene animal abuse material or material
that the actor represents to be obscene animal abuse material.
(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, 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.
(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.
(4)
It is a separate offense under this section for:
(a)
each day in which a publication containing obscene animal abuse material is
displayed or exhibited in a public place with intent to distribute or exhibit the
publication to another individual; or
(b)
each act of distributing of obscene animal abuse material described in Subsection
(2)
.
(5)
(a)
This section does not apply to an internet service provider if:
(i)
the distribution of obscene animal abuse 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 obscene animal abuse material; and
(iii)
the internet service provider does not knowingly receive funds from or through a
person who distributes the obscene animal abuse material in exchange for
permitting the person to distribute the obscene animal abuse material.
(b)
This section does not apply to a hosting company if:
(i)
the distribution of obscene animal abuse 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 obscene animal abuse material; and
(iii)
the hosting company does not knowingly receive funds from or through a person
who distributes the obscene animal abuse material in exchange for permitting the
person to distribute, store, or cache the obscene animal abuse material.
Section 16. 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)
aiding or abetting a minor in distributing pornographic material under Section
76-5c-203
;
(eeeee)
inducing acceptance of pornographic material under Section
76-5c-204
;
(fffff)
distributing material harmful to minors under Section
76-5c-205
;
(ggggg)
aiding or abetting a minor in distributing material harmful to minors under
Section
76-5c-206
;
(hhhhh)
distributing obscene animal abuse material under Section
76-5c-215
;
(hhhhh)
(iiiii)
distribution of a pornographic file for exhibition under Section
76-5c-305
;
(iiiii)
(jjjjj)
indecent public display in the presence of a minor under Section
76-5c-207
;
(jjjjj)
(kkkkk)
engaging in prostitution under Section
76-5d-202
;
(kkkkk)
(lllll)
aiding prostitution under Section
76-5d-206
;
(lllll)
(mmmmm)
exploiting prostitution under Section
76-5d-207
;
(mmmmm)
(nnnnn)
aggravated exploitation of prostitution under Section
76-5d-208
;
(nnnnn)
(ooooo)
communications fraud under Section
76-6-525
;
(ooooo)
(ppppp)
possession of a dangerous weapon with criminal intent under Section
76-11-208
;
(ppppp)
(qqqqq)
an act prohibited by the criminal provisions of Chapter 9, Part 16,
Money Laundering and Currency Transaction Reporting;
(qqqqq)
(rrrrr)
vehicle compartment for contraband under Section
76-9-1902
or
76-9-1903
;
(rrrrr)
(sssss)
an act prohibited by the criminal provisions of the laws governing
taxation in this state; or
(sssss)
(ttttt)
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 17. 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-203
,
76-5c-204
,
76-5c-205
,
76-5c-206
,

76-5c-215
,
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-203
,
76-5c-204
,
76-5c-205
,
76-5c-206
,
76-5c-215
,
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-203
,
76-5c-204
,
76-5c-205
,
76-5c-206
,

76-5c-215
,
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 18. Section
78B-6-2101
is amended to read:
78B-6-2101
. Definitions.
As used in this part:
(1)
"Minor" means an individual less than 18 years
of age
old
.
(2)
"Obscene animal abuse material" means the same as that term is defined in Section
76-5c-101
.
(2)
(3)
"Pornographic material" means material that:
(a)
the average person, applying contemporary community standards, finds that, taken as
a whole, appeals to prurient interest in sex;
(b)
is patently offensive in the description or depiction of nudity, sexual conduct, sexual
excitement, sadomasochistic abuse, or excretion; and
(c)
taken as a whole does not have serious literary, artistic, political, or scientific value.
Section 19. Section
78B-6-2102
is amended to read:
78B-6-2102
. Exemptions.
(1)
If the conditions of Subsection
(2)
are met, this part does not apply to:
(a)
the following, as defined in the Communications Act of 1934, as amended:
(i)
an interactive computer service;
(ii)
a telecommunications service, information service, or mobile service, including a
commercial mobile service; or
(iii)
a multichannel video programming distributor;
(b)
an
Internet
internet
service provider;
(c)
a provider of an electronic communications service;
(d)
a distributor of
Internet
internet
-based video services;
(e)
a hosting company as defined in Section
76-5c-401
; or
(f)
a distributor of electronic or computerized game software that users manipulate
through interactive devices.
(2)
This part does not apply to an entity described in Subsection
(1)
if:
(a)
the distribution of
obscene animal abuse material or
pornographic material by the
entity occurs only incidentally through the entity's function of:
(i)
transmitting or routing data from one person to another person;
(ii)
providing a connection between one person and another person; or
(iii)
providing data storage space or data caching to a person; and
(b)
the entity does not intentionally aid or abet in the distribution of the
obscene animal
abuse material or
pornographic material.
Section 20. Section
78B-6-2103
is amended to read:
78B-6-2103
. Liability -- Safe harbor.
(1)
A person who is not exempt under Section
78B-6-2102
, and who distributes or
otherwise provides
obscene animal abuse material or
pornographic material to
consumers is liable to a person if:
(a)
at the time the
obscene animal abuse material or
pornographic material is viewed by
the person, the person is a minor; and
(b)
the
obscene animal abuse material or
pornographic material is the proximate cause
for the person being harmed physically or psychologically, or by emotional or
medical illnesses as a result of
that
the obscene animal abuse material or

pornographic material.
(2)
Nothing in this part affects any private right of action existing under other law,
including contract.
(3)
Notwithstanding Subsection
(1)
, a person who distributes or otherwise provides
obscene
animal abuse material or
pornographic material is not liable under this section if the
person who distributes or otherwise provides
obscene animal abuse material or
pornographic material:
(a)
provides a warning that:
(i)
is conspicuous;
(ii)
appears before the
obscene animal abuse material or
pornographic material can be
accessed; and
(iii)
consists of a good faith effort to warn persons accessing the
obscene animal
abuse material or
pornographic material that the
pornographic
material may be
harmful to minors; and
(b)
makes a good faith effort to verify the age of a person accessing the
obscene animal
abuse material or
pornographic material.
(4)
Subsection
(3)
may not be interpreted as exempting a person from complying with Title
13, Chapter 39, Child Protection Registry.
(5)
(a)
(i)
Notwithstanding Section
78B-6-2105
, a person who is not exempt under
Section
78B-6-2102
, and who distributes or otherwise provides
obscene
obscene
animal abuse material or pornographic
material to consumers without a warning
label or without the metadata described in Subsection
78B-6-2105(3)(b)
is not
liable if the person demonstrates reasonable efforts to determine the location of
recipients of
obscene
obscene animal abuse material or pornographic
material
within the state and the placement of warning labels on material that enters the
state. Reasonable efforts shall result in a compliance rate that exceeds 75% of the
content believed to enter the state within the shorter of six months prior to any
claim, or from May 12, 2020, to the time of the claim.
(ii)

Proof of reasonable efforts
to comply with Subsection
(5)(a)(i)

shall remove
liability only for the type of compliance for which reasonable efforts have been
proven.
(b)
The use of virtual private networks or similar technology by the consumer to hide the
consumer's location may not be included in a compliance rate calculation.
(6)
Notwithstanding Section
78B-6-2105
, a video game without a warning label is not
liable if it has a rating of the Entertainment Software Rating Board or equivalent, as long
as it also explicitly provides notice of the content as part of the rating.
Section 21. Section
78B-6-2105
is amended to read:
78B-6-2105
. Civil action for enforcement -- Penalties.
(1)
A person who distributes or otherwise provides
obscene animal abuse material or
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 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 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 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 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 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 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-206
.
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
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 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
obscene animal abuse material 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
obscene animal
abuse material 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 22.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-10-26 12:51 PM