76-5-412.4. Custodial solicitation of sexually explicit conduct from a person in custody.

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

Effective 5/7/2025

(a)As used in this section:

(i)"Actor" means the same as that term is defined in Section 76-5-412 .

(ii)"Person in custody" means an individual who is:

(A)18 years old or older; and

(B)otherwise meets the definition of a person in custody as that term is defined in Section 76-5-412 .

(iii)"Sexually explicit conduct" means actual or simulated:

(A)sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between individuals of the same or opposite sex;

(B)masturbation;

(C)bestiality;

(D)sadistic or masochistic activities;

(E)exhibition of the genitals, pubic region, buttocks, or female breast of any individual;

(F)visual depiction of nudity or partial nudity;

(G)fondling or touching of the genitals, pubic region, buttocks, or female breast; or

(H)the visual depiction of defecation or urination for the purpose of causing sexual arousal of any individual.

(iv)"Simulated sexually explicit conduct" means a feigned or pretended act of sexually explicit conduct that duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct.

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

(2)An actor commits custodial solicitation of sexually explicit conduct from a person in custody if:

(a)the actor knowingly requests, demands, or otherwise solicits from a person in custody:

(i)a photograph, image, live video, or a recording of the person in custody engaging in sexually explicit conduct or simulated sexually explicit conduct; or

(ii)a live demonstration or performance by the person in custody engaging in sexually explicit conduct or simulated sexually explicit conduct; and

(i)the actor knows that the individual described in Subsection (2)(a) is a person in custody; or

(ii)a reasonable person in the actor's position should have known under the circumstances that the individual described in Subsection (2)(a) was a person in custody.

(3)A violation of Subsection

(2)is a class A misdemeanor.

(4)If the act committed under Subsection

(2)amounts to an offense subject to a greater penalty under another provision of state law than is provided under this section, this section does not prohibit prosecution and sentencing for the more serious offense.

(5)Consent of the person in custody is not a defense to any violation or attempted violation of Subsection (2).

(6)This section does not apply to an actor who is acting within the course and scope of the actor's legitimate duties, including documenting photographic evidence.

Enacted by Chapter 253 , 2025 General Session