Utah criminal charge
Unlawful distribution of a counterfeit intimate image in Utah
Unlawful distribution of a counterfeit intimate image is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5b-205. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-5b-205.
What is the penalty for unlawful distribution of a counterfeit intimate image in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Unlawful distribution of a counterfeit intimate image — base offense — A knowing or intentional violation of Subsection (2)(a) is a class A misdemeanor.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Unlawful distribution of a counterfeit intimate image — base offense — A knowing or intentional violation of Subsection (2)(a) is a class A misdemeanor.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 5 years (Unlawful distribution of a counterfeit intimate image — repeat offense — A knowing or intentional violation of Subsection (2)(a) is a third degree felony on a second or subsequent conviction not arising from a single criminal episode.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Unlawful distribution of a counterfeit intimate image — repeat offense — A knowing or intentional violation of Subsection (2)(a) is a third degree felony on a second or subsequent conviction not arising from a single criminal episode.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Aggravated unlawful distribution of a counterfeit intimate image — base offense — A knowing or intentional violation of Subsection (2)(b), where the depicted individual is a child, is a third degree felony.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Aggravated unlawful distribution of a counterfeit intimate image — base offense — A knowing or intentional violation of Subsection (2)(b), where the depicted individual is a child, is a third degree felony.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Aggravated unlawful distribution of a counterfeit intimate image — repeat offense — A knowing or intentional violation of Subsection (2)(b) is a second degree felony on a second or subsequent conviction not arising from a single criminal episode.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Aggravated unlawful distribution of a counterfeit intimate image — repeat offense — A knowing or intentional violation of Subsection (2)(b) is a second degree felony on a second or subsequent conviction not arising from a single criminal episode.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is unlawful distribution of a counterfeit intimate image classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful distribution of a counterfeit intimate image — base offense | Class A Misdemeanor | A knowing or intentional violation of Subsection (2)(a) is a class A misdemeanor. | Utah Code Ann. § 76-5b-205(3)(a)(i) |
| Unlawful distribution of a counterfeit intimate image — repeat offense | Third Degree Felony | A knowing or intentional violation of Subsection (2)(a) is a third degree felony on a second or subsequent conviction not arising from a single criminal episode. | Utah Code Ann. § 76-5b-205(3)(a)(ii) |
| Aggravated unlawful distribution of a counterfeit intimate image — base offense | Third Degree Felony | A knowing or intentional violation of Subsection (2)(b), where the depicted individual is a child, is a third degree felony. | Utah Code Ann. § 76-5b-205(3)(b)(i) |
| Aggravated unlawful distribution of a counterfeit intimate image — repeat offense | Second Degree Felony | A knowing or intentional violation of Subsection (2)(b) is a second degree felony on a second or subsequent conviction not arising from a single criminal episode. | Utah Code Ann. § 76-5b-205(3)(b)(ii) |
Common questions about unlawful distribution of a counterfeit intimate image in Utah
Is unlawful distribution of a counterfeit intimate image a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawful distribution of a counterfeit intimate image ranges from a Class A Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-5b-205.
Unlawful distribution of a counterfeit intimate image — base offense: Class A Misdemeanor (Utah Code Ann. § 76-5b-205(3)(a)(i)) · Unlawful distribution of a counterfeit intimate image — repeat offense: Third Degree Felony (Utah Code Ann. § 76-5b-205(3)(a)(ii)) · Aggravated unlawful distribution of a counterfeit intimate image — base offense: Third Degree Felony (Utah Code Ann. § 76-5b-205(3)(b)(i)) · Aggravated unlawful distribution of a counterfeit intimate image — repeat offense: Second Degree Felony (Utah Code Ann. § 76-5b-205(3)(b)(ii))
What are the penalties for unlawful distribution of a counterfeit intimate image in Utah?
Penalties for unlawful distribution of a counterfeit intimate image in Utah depend on how it is classified — from a Class A Misdemeanor up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-204 and Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers unlawful distribution of a counterfeit intimate image?
Unlawful distribution of a counterfeit intimate image is governed by Utah Code Ann. § 76-5b-205 (Unlawful distribution of a counterfeit intimate image - Penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.