{"data":{"id":"us-ut/utah-code-76-5c-202","jurisdiction":"us-ut","citation":"Utah Code § 76-5c-202","heading":"Distributing pornographic material.","body":"(1) Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-201 apply to this section.\n(2) An actor commits distributing pornographic material if the actor knowingly:\n(a) sends or brings pornographic material into the state with intent to distribute or exhibit the pornographic material to another individual;\n(b) prepares, publishes, prints, or possesses pornographic material with intent to distribute or exhibit the pornographic material to another individual;\n(c) distributes or offers to distribute, or exhibits or offers to exhibit, pornographic material to another individual;\n(d) writes, creates, or solicits the publication or advertising of pornographic material;\n(e) promotes the distribution or exhibition of material the actor represents to be pornographic; or\n(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.\n(3)\n(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:\n(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\n(ii) incarceration, without suspension of sentence in any way, for a term of not less than 30 days.\n(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.\n(c) A violation of Subsection (2) is a class B misdemeanor if the actor is younger than 16 years old.\n(4) It is a separate offense under this section for:\n(a) each day's exhibition of a pornographic motion picture film;\n(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\n(c) each act of distributing of pornographic material described in Subsection (2).\n(5)\n(a) This section does not apply to an Internet service provider if:\n(i) the distribution of pornographic material by the Internet service provider occurs only incidentally through the Internet service provider's function of:\n(A) transmitting or routing data from one person to another person; or\n(B) providing a connection between one person and another person;\n(ii) the Internet service provider does not intentionally aid or abet in the distribution of the pornographic material; and\n(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.\n(b) This section does not apply to a hosting company if:\n(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;\n(ii) the hosting company does not intentionally engage, aid, or abet in the distribution of the pornographic material; and\n(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.\n(6) Subsection (3)(a) supersedes Section 77-18-105.","path":["Title 76 Criminal Offenses","Chapter 76-5c Pornographic and Harmful Materials and Performances","Part 76-5c-2 General Offenses"],"source_url":"https://le.utah.gov/xcode/Title76/Chapter5c/76-5c-S202.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"3e9978df36457ad9e0d9138187afd7e7147ec292a5438e7c681d7641a4aae677","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-76-5c-201","next":"us-ut/utah-code-76-5c-203"},"notice":"GroundRules: Original legal text. Not legal advice."}