76-5c-215. Distributing obscene animal abuse material.

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

Effective 5/6/2026

(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 obscene animal abuse material if the actor:

(a)sends or brings obscene animal abuse material into the state with intent to distribute or exhibit the obscene animal abuse material to another individual;

(b)prepares, publishes, prints, or possesses obscene animal abuse material with intent to distribute or exhibit the obscene animal abuse material to another individual;

(c)distributes or offers to distribute, or exhibits or offers to exhibit, obscene animal abuse material to another individual;

(d)writes, creates, or solicits the publication or advertising of obscene animal abuse material; or

(e)promotes the distribution or exhibition of obscene animal abuse material or material that the actor represents to be obscene animal abuse material.

(a)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)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 in which a publication containing obscene animal abuse material is displayed or exhibited in a public place with intent to distribute or exhibit the publication to another individual; or

(b)each act of distributing of obscene animal abuse material described in Subsection

(2).

(a)This section does not apply to an internet service provider if:

(i)the distribution of 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 obscene animal abuse material; and

(iii)the internet service provider does not knowingly receive funds from or through a person who distributes the obscene animal abuse material in exchange for permitting the person to distribute the obscene animal abuse material.

(b)This section does not apply to a hosting company if:

(i)the distribution of 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 obscene animal abuse material; and

(iii)the hosting company does not knowingly receive funds from or through a person who distributes the obscene animal abuse material in exchange for permitting the person to distribute, store, or cache the obscene animal abuse material.

Enacted by Chapter 255 , 2026 General Session