Utah statute
Utah Code Ann. § 76-5-111.3 — Personal dignity exploitation of a vulnerable adult - Penalties.
Current through 2026 General Session
Part of Part 1: Assault and Related Offenses, Utah Code.
Criminal charges under this statute
Full text of Utah Code Ann. § 76-5-111.3
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1)(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. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (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: (2)(a) creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult: (2)(a)(i) to which creation, transmission, or display a reasonable person would not consent; and (2)(a)(ii)(A) that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or pubic area; (2)(a)(ii)(B) that displays the clothed area of only the vulnerable adult's breasts, buttocks, anus, genitals, or pubic area; or (2)(a)(ii)(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 (2)(b) causes the vulnerable adult to participate in an act that is highly offensive or demeaning to the vulnerable adult: (2)(b)(i) in which a reasonable person would not participate; or (2)(b)(ii) that is harmful to the mental or physical health or safety of the vulnerable adult. (3)(a)(i) A violation of Subsection (2) is a class A misdemeanor if done intentionally or knowingly. (3)(a)(ii) A violation of Subsection (2) is a class B misdemeanor if done recklessly. (3)(b)(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). (3)(b)(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). (4)(a) A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits, or displays the photographic or electronic image or recording: (4)(a)(i) with the consent of the vulnerable adult, if the vulnerable adult: (4)(a)(i)(A) is mentally and physically able to give voluntary consent to the creation, transmission, or display; and (4)(a)(i)(B) gives voluntary consent for the creation, transmission, or display; (4)(a)(ii) for a legitimate purpose relating to monitoring or providing care, treatment, or diagnosis; or (4)(a)(iii) for a legitimate purpose relating to investigating abuse, neglect, or exploitation. (4)(b) A caretaker does not violate Subsection (2)(b) if: (4)(b)(i) the vulnerable adult: (4)(b)(i)(A) is mentally and physically able to give voluntary consent to participate in the act; and (4)(b)(i)(B) gives voluntary consent to participate in the act; or (4)(b)(ii) the caretaker causes the vulnerable adult to participate in the act for a legitimate purpose relating to: (4)(b)(ii)(A) monitoring or providing care, treatment, or diagnosis; or (4)(b)(ii)(B) investigating abuse, neglect, or exploitation. (5)(a) It is not a defense that the vulnerable adult was unaware of: (5)(a)(i) the creation, transmission, or display prohibited under Subsection (2)(a); or (5)(a)(ii) participation in the act, or the nature of participation in the act, under Subsection (2)(b). (5)(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.
Official sources
Legal terms used in this section
Questions this section answers
Is personal dignity exploitation of a vulnerable adult a felony or a misdemeanor in Utah?
It depends on the circumstances: personal dignity exploitation of a vulnerable adult ranges from a Class B Misdemeanor to a Class A Misdemeanor in Utah under Utah Code Ann. § 76-5-111.3.
Personal dignity exploitation - intentional or knowing: Class A Misdemeanor (Utah Code Ann. § 76-5-111.3(3)(a)(i)) · Personal dignity exploitation - reckless: Class B Misdemeanor (Utah Code Ann. § 76-5-111.3(3)(a)(ii))
Which Utah statute covers personal dignity exploitation of a vulnerable adult?
Personal dignity exploitation of a vulnerable adult is governed by Utah Code Ann. § 76-5-111.3 (Personal dignity exploitation of a vulnerable adult - Penalties).
This reference is informational and is not legal advice.