Utah statute

Utah Code Ann. § 76-5b-208 — Distribution or production of apparent child sexual abuse material.

Current through 2026 General Session

Part of Part 2: Sexual Exploitation, Utah Code.

Criminal charges under this statute

Distribution or production of apparent child sexual abuse material

Full text of Utah Code Ann. § 76-5b-208

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.

Utah Code Ann. § 76-5b-208Primary source, current through the 2026 General Session

(1) Terms defined in Sections 76-1-101.5 and 76-5b-103 apply to this section. (2) An actor commits distribution of apparent child sexual abuse material if the actor intentionally: (2)(a) distributes apparent child sexual abuse material; or (2)(b) produces apparent child sexual abuse material. (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a first degree felony. (3)(b) If an actor is under 18 years old at the time the actor commits the offense, a violation of Subsection (2) is a second degree felony. (4) It is a separate offense under this section: (4)(a) for each minor depicted in the apparent child sexual abuse material; and (4)(b) for each time the same minor is depicted in different apparent child sexual abuse material. (5) In proving a violation of this section, proof that the minor depicted in the apparent child sexual abuse material is a real minor that exists is not required. (6) The following are not criminally or civilly liable under this section when acting in good faith compliance with Section 77-4-201: (6)(a) an entity or an employee, director, officer, or agent of an entity when acting within the scope of employment, for the good faith performance of: (6)(a)(i) reporting or data preservation duties required under federal or state law; or (6)(a)(ii) implementing a policy of attempting to prevent the presence of apparent child sexual abuse material on tangible or intangible property, or of detecting and reporting the presence of apparent child sexual abuse material on the property; (6)(b) a law enforcement officer, a civilian employee of a law enforcement agency, or an independent contractor who is contracted with a law enforcement agency, acting within the scope of a criminal investigation; (6)(c) an employee of a court who may be required to view apparent child sexual abuse material during the course of and within the scope of the employee's employment; (6)(d) a juror who may be required to view apparent child sexual abuse material during the course of the individual's service as a juror; (6)(e) an attorney or employee of an attorney who is required to view apparent child sexual abuse material during the course of a judicial process and while acting within the scope of employment; (6)(f) an employee of the Department of Health and Human Services who is required to view apparent child sexual abuse material within the scope of the employee's employment; (6)(g) an employee, independent contractor, or designated interviewer of a Children's Justice Center, who is required to view apparent child sexual abuse material within the scope of the employee's, independent contractor's, or designated interviewer's scope of employment or assignment; or (6)(h) an attorney who is required to view apparent child sexual abuse material within the scope of the attorney's responsibility to represent the Department of Health and Human Services, including the divisions and offices within the Department of Health and Human Services.

Official sources

Legal terms used in this section

Questions this section answers

Is distribution or production of apparent child sexual abuse material a felony or a misdemeanor in Utah?

It depends on the circumstances: distribution or production of apparent child sexual abuse material ranges from a Second Degree Felony to a First Degree Felony in Utah under Utah Code Ann. § 76-5b-208.

Distribution or production of apparent child sexual abuse material — adult actor: First Degree Felony (Utah Code Ann. § 76-5b-208(3)(a)) · Distribution or production of apparent child sexual abuse material — minor actor: Second Degree Felony (Utah Code Ann. § 76-5b-208(3)(b))

Which Utah statute covers distribution or production of apparent child sexual abuse material?

Distribution or production of apparent child sexual abuse material is governed by Utah Code Ann. § 76-5b-208 (Distribution or production of apparent child sexual abuse material).

This reference is informational and is not legal advice.