76-5c-202. Distributing pornographic material.
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Effective 5/7/2025
76-5c-202. Distributing pornographic material.
(1)Terms defined in Sections 76-1-101.5 , 76-5c-101 , and 76-5c-201 apply to this section.
(2)An actor commits distributing pornographic material if the actor knowingly:
(a)sends or brings pornographic material into the state with intent to distribute or exhibit the pornographic material to another individual;
(b)prepares, publishes, prints, or possesses pornographic material with intent to distribute or exhibit the pornographic material to another individual;
(c)distributes or offers to distribute, or exhibits or offers to exhibit, pornographic material to another individual;
(d)writes, creates, or solicits the publication or advertising of pornographic material;
(e)promotes the distribution or exhibition of material the actor represents to be pornographic; or
(f)presents or directs a pornographic performance in a public place or a place exposed to public view or participates in that portion of the performance which makes the performance pornographic.
(a)Except as provided in Subsection (3)(b) or (c), a violation of Subsection
(2)is a third degree felony if the actor is 18 years old or older and is subject to:
(i)a minimum mandatory fine of not less than $1,000, plus $10 for each article exhibited up to the maximum allowed by law; and
(ii)incarceration, without suspension of sentence in any way, for a term of not less than 30 days.
(b)Except as provided in Subsection (3)(c), a violation of Subsection
(2)is a class A misdemeanor if the actor is 16 or 17 years old.
(c)A violation of Subsection
(2)is a class B misdemeanor if the actor is younger than 16 years old.
(4)It is a separate offense under this section for:
(a)each day's exhibition of a pornographic motion picture film;
(b)each day in which a pornographic publication is displayed or exhibited in a public place with intent to distribute or exhibit the publication to another individual; or
(c)each act of distributing of pornographic material described in Subsection (2).
(a)This section does not apply to an Internet service provider if:
(i)the distribution of pornographic material by the Internet service provider occurs only incidentally through the Internet service provider's function of:
(A)transmitting or routing data from one person to another person; or
(B)providing a connection between one person and another person;
(ii)the Internet service provider does not intentionally aid or abet in the distribution of the pornographic material; and
(iii)the Internet service provider does not knowingly receive funds from or through a person who distributes the pornographic material in exchange for permitting the person to distribute the pornographic material.
(b)This section does not apply to a hosting company if:
(i)the distribution of pornographic material by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person;
(ii)the hosting company does not intentionally engage, aid, or abet in the distribution of the pornographic material; and
(iii)the hosting company does not knowingly receive funds from or through a person who distributes the pornographic material in exchange for permitting the person to distribute, store, or cache the pornographic material.
(6)Subsection (3)(a) supersedes Section 77-18-105 .
Renumbered and Amended by Chapter 173 , 2025 General Session