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Code · Utah · Title 76 — Utah Criminal Code · Chapter 5C

76-5c-107.

664 words·~3 min read·/ut/title-76/chapter-5c/76-5c-107·

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

Effective 5/6/2026
76-5c-107. Search and seizure -- Affidavit -- Issuance of warrant -- Hearing upon claim that material seized not pornographic or harmful to minors -- Procedures cumulative.
(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.
(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.
(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.
(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.
(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.
Amended by Chapter 255 , 2026 General Session
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