76-5c-305. Distribution of a pornographic film for exhibition.
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Effective 5/7/2025
76-5c-305. Distribution of a pornographic film for exhibition.
(1)Terms defined in Sections 76-1-101.5 , 76-5c-101 , and 76-5c-301 apply to this section.
(2)An actor commits distribution of a pornographic film for exhibition if the actor knowingly or with criminal negligence distributes a film for exhibition that is pornographic.
(a)Except as provided in Subsection (3)(b) , a violation of Subsection
(2)is a class A misdemeanor subject to:
(i)a fine not less than $1,000; and
(ii)incarceration, without suspension of sentence in any way, for a term of not less than 60 days.
(b)A violation of Subsection
(2)is a third degree felony if the actor has previously been convicted of a violation of Subsection
(2)and is subject to:
(i)a fine not less than $5,000; and
(ii)incarceration, without suspension of sentence in any way, for a term of not less than six months.
(4)It is an affirmative defense to a prosecution under this section that the distribution or exhibition of a film is exempt from the restrictions of this part described in Section 76-5c-302 .
(5)It is not a defense to a prosecution under this section that the actor was a motion picture projectionist or was otherwise required by the actor's employment to commit the violation.
(6)Each copy of a pornographic film distributed for exhibition in violation of this section is a separate offense.
Renumbered and Amended by Chapter 173 , 2025 General Session