76-5c-203. Aiding or abetting a minor in distributing pornographic material or obscene animal abuse material.
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Effective 5/6/2026
76-5c-203. Aiding or abetting a minor in distributing pornographic material or obscene animal abuse 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 aiding or abetting a minor in distributing pornographic material or obscene animal abuse material if the actor:
(a)is 18 years old or older; and
(b)knowingly solicits, requests, commands, encourages, or intentionally aids a minor in:
(i)sending or bringing pornographic material or obscene animal abuse material into the state with intent to distribute or exhibit the material to another individual;
(ii)preparing, publishing, printing, or possessing pornographic material or obscene animal abuse material with intent to distribute or exhibit the material to another individual;
(iii)distributing or offering to distribute, or exhibiting or offering to exhibit, pornographic material or obscene animal abuse material to another individual;
(iv)writing, creating, or soliciting the publication or advertising of pornographic material or obscene animal abuse material;
(v)promoting the distribution or exhibition of obscene animal abuse material or material the minor represents to be pornographic or obscene animal abuse material; or
(vi)presenting or directing 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.
(3)A violation of Subsection
(2)is a third degree felony subject to:
(a)a minimum mandatory fine of not less than $1,000, plus $10 for each article exhibited up to the maximum allowed by law; and
(b)incarceration, without suspension of sentence in any way, for a term of not less than 30 days.
(a)Each act of distributing pornographic material or obscene animal abuse material described in Subsection
(2)is a separate offense.
(b)It is a separate offense under this section for:
(i)each day's exhibition of any pornographic motion picture film or obscene animal abuse material motion picture film; and
(ii)each day in which any pornographic publication or obscene animal abuse material publication is displayed or exhibited in a public place with intent to distribute or exhibit the publication to another individual.
(a)This section does not apply to an internet service provider if:
(i)the distribution of pornographic material or obscene animal abuse 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 or obscene animal abuse material; and
(iii)the internet service provider does not knowingly receive funds from or through a person who distributes the pornographic material or obscene animal abuse material in exchange for permitting the person to distribute the pornographic material or obscene animal abuse material.
(b)This section does not apply to a hosting company if:
(i)the distribution of pornographic material or obscene animal abuse 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 or obscene animal abuse material; and
(iii)the hosting company does not knowingly receive funds from or through a person who distributes the pornographic material or obscene animal abuse material in exchange for permitting the person to distribute, store, or cache the pornographic material or obscene animal abuse material.
(6)Subsection
(3)supersedes Section 77-18-105 .
Amended by Chapter 255 , 2026 General Session