76-5-111.3. Personal dignity exploitation of a vulnerable adult -- Penalties.

547 words·~2 min read·/ut/title-76/chapter-5/76-5-111-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(a)As used in this section, "abuse," "caretaker," "exploitation," "neglect," and "vulnerable adult" all mean the same as those terms are defined in Section 76-5-111 .

(b)Terms defined in Section 76-1-101.5 apply to this section.

(2)Except as provided in Subsection

(4), an actor commits personal dignity exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and intentionally, knowingly, or recklessly:

(a)creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult:

(i)to which creation, transmission, or display a reasonable person would not consent; and

(A)that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or pubic area;

(B)that displays the clothed area of only the vulnerable adult's breasts, buttocks, anus, genitals, or pubic area; or

(C)that shows the vulnerable adult engaged in conduct that is harmful to the mental or physical health or safety of the vulnerable adult; or

(b)causes the vulnerable adult to participate in an act that is highly offensive or demeaning to the vulnerable adult:

(i)in which a reasonable person would not participate; or

(ii)that is harmful to the mental or physical health or safety of the vulnerable adult.

(i)A violation of Subsection

(2)is a class A misdemeanor if done intentionally or knowingly.

(ii)A violation of Subsection

(2)is a class B misdemeanor if done recklessly.

(i)It is a separate offense under Subsection (2)(a) for each vulnerable adult included in a photographic or electronic image or recording created, transmitted, or displayed in violation of Subsection (2)(a) .

(ii)It is a separate offense under Subsection (2)(b) for each vulnerable adult caused to participate in an act in violation of Subsection (2)(b) .

(a)A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits, or displays the photographic or electronic image or recording:

(i)with the consent of the vulnerable adult, if the vulnerable adult:

(A)is mentally and physically able to give voluntary consent to the creation, transmission, or display; and

(B)gives voluntary consent for the creation, transmission, or display;

(ii)for a legitimate purpose relating to monitoring or providing care, treatment, or diagnosis; or

(iii)for a legitimate purpose relating to investigating abuse, neglect, or exploitation.

(b)A caretaker does not violate Subsection (2)(b) if:

(i)the vulnerable adult:

(A)is mentally and physically able to give voluntary consent to participate in the act; and

(B)gives voluntary consent to participate in the act; or

(ii)the caretaker causes the vulnerable adult to participate in the act for a legitimate purpose relating to:

(A)monitoring or providing care, treatment, or diagnosis; or

(B)investigating abuse, neglect, or exploitation.

(a)It is not a defense that the vulnerable adult was unaware of:

(i)the creation, transmission, or display prohibited under Subsection (2)(a) ; or

(ii)participation in the act, or the nature of participation in the act, under Subsection (2)(b) .

(b)It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult.

Enacted by Chapter 181 , 2022 General Session