76-5b-203.5. Misuse of intimate image during a criminal action.

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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:

(i)"Criminal action" means the same as that term is defined in Section 77-1-3 .

(ii)"Intimate image" means the same as that term is defined in Section 76-5b-203 .

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

(2)An actor commits misuse of an intimate image during a criminal action if the actor:

(a)obtains access to an intimate image in the course of a criminal action; and

(b)intentionally displays, duplicates, copies, or shares the intimate image, unless:

(i)displaying, duplicating, copying, or sharing the intimate image is done solely for the purpose of the adjudication, defense, prosecution or investigation of a criminal matter involving the intimate image;

(ii)each individual who is the subject of the intimate image gives written permission to display, duplicate, copy, or share the intimate image; or

(iii)the intimate image was not created by or provided to the actor under circumstances in which the depicted individual has a reasonable expectation of privacy.

(3)A violation of Subsection

(2)is:

(a)a class A misdemeanor for a first offense; or

(b)a third degree felony for each subsequent offense.

(4)Nothing in this section precludes an agency that employs an individual who is involved in a criminal action from establishing internal policies for an individual's violation of this section.

Amended by Chapter 181 , 2022 General Session