{"data":{"id":"us-ut/utah-code-76-5-111.3","jurisdiction":"us-ut","citation":"Utah Code § 76-5-111.3","heading":"Personal dignity exploitation of a vulnerable adult -- Penalties.","body":"(1)\n(a) As used in this section, \"abuse,\" \"caretaker,\" \"exploitation,\" \"neglect,\" and \"vulnerable adult\" all mean the same as those terms are defined in Section 76-5-111.\n(b) Terms defined in Section 76-1-101.5 apply to this section.\n(2) Except as provided in Subsection (4), an actor commits personal dignity exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and intentionally, knowingly, or recklessly:\n(a) creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult:\n(i) to which creation, transmission, or display a reasonable person would not consent; and\n(ii)\n(A) that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or pubic area;\n(B) that displays the clothed area of only the vulnerable adult's breasts, buttocks, anus, genitals, or pubic area; or\n(C) that shows the vulnerable adult engaged in conduct that is harmful to the mental or physical health or safety of the vulnerable adult; or\n(b) causes the vulnerable adult to participate in an act that is highly offensive or demeaning to the vulnerable adult:\n(i) in which a reasonable person would not participate; or\n(ii) that is harmful to the mental or physical health or safety of the vulnerable adult.\n(3)\n(a)\n(i) A violation of Subsection (2) is a class A misdemeanor if done intentionally or knowingly.\n(ii) A violation of Subsection (2) is a class B misdemeanor if done recklessly.\n(b)\n(i) It is a separate offense under Subsection (2)(a) for each vulnerable adult included in a photographic or electronic image or recording created, transmitted, or displayed in violation of Subsection (2)(a).\n(ii) It is a separate offense under Subsection (2)(b) for each vulnerable adult caused to participate in an act in violation of Subsection (2)(b).\n(4)\n(a) A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits, or displays the photographic or electronic image or recording:\n(i) with the consent of the vulnerable adult, if the vulnerable adult:\n(A) is mentally and physically able to give voluntary consent to the creation, transmission, or display; and\n(B) gives voluntary consent for the creation, transmission, or display;\n(ii) for a legitimate purpose relating to monitoring or providing care, treatment, or diagnosis; or\n(iii) for a legitimate purpose relating to investigating abuse, neglect, or exploitation.\n(b) A caretaker does not violate Subsection (2)(b) if:\n(i) the vulnerable adult:\n(A) is mentally and physically able to give voluntary consent to participate in the act; and\n(B) gives voluntary consent to participate in the act; or\n(ii) the caretaker causes the vulnerable adult to participate in the act for a legitimate purpose relating to:\n(A) monitoring or providing care, treatment, or diagnosis; or\n(B) investigating abuse, neglect, or exploitation.\n(5)\n(a) It is not a defense that the vulnerable adult was unaware of:\n(i) the creation, transmission, or display prohibited under Subsection (2)(a); or\n(ii) participation in the act, or the nature of participation in the act, under Subsection (2)(b).\n(b) It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult.","path":["Title 76 Criminal Offenses","Chapter 76-5 Offenses Against the Individual","Part 76-5-1 Assault and Related Offenses"],"source_url":"https://le.utah.gov/xcode/Title76/Chapter5/76-5-S111.3.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"0f5d19e92ce9926b40e2e209212f288ea6cbf0ade1cb81c4e2e4a241c0040c93","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-76-5-111.2","next":"us-ut/utah-code-76-5-111.4"},"notice":"GroundRules: Original legal text. Not legal advice."}
