26B-1-234. Handling of child sexual abuse material.
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Effective 5/6/2026
26B-1-234. Handling of child sexual abuse material.
(1)As used in this section:
(a)"Apparent child sexual abuse material" means the same as that term is defined in Section 76-5b-103 .
(b)"Child sexual abuse material" means the same as that term is defined in Section 76-5b-103 .
(c)"Obscene child sexual abuse material" means the same as that term is defined in Section 76-5b-103 .
(d)"Secure" means to prevent and prohibit access, electronic upload, transmission, or transfer of an image.
(2)The department or a division within the department may not retain child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material longer than is necessary to comply with the requirements of this section.
(3)When the department or a division within the department obtains child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material as a result of an employee unlawfully viewing child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material, the department or division shall consult with and follow the guidance of the Division of Human Resource Management regarding personnel action and local law enforcement regarding retention of the child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material.
(4)When the department or a division within the department obtains child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material as a result of a report or an investigation, the department or division shall immediately secure the child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material, or the electronic device if the child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material is digital, and contact the law enforcement office that has jurisdiction over the area where the division's case is located.
Amended by Chapter 358 , 2026 General Session