Utah statute
Utah Code Ann. § 76-5b-209 — Unlawful activity regarding obscene material depicting the sexual abuse of a minor.
Current through 2026 General Session
Part of Part 2: Sexual Exploitation, Utah Code.
Criminal charges under this statute
Full text of Utah Code Ann. § 76-5b-209
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) Terms defined in Sections 76-1-101.5 and 76-5b-103 apply to this section. (2) Under circumstances not amounting to an offense under Section 76-5b-201 or 76-5b-201.1, an actor commits unlawful activity regarding obscene material depicting the sexual abuse of a minor if the actor intentionally or knowingly: (2)(a) produces obscene child sexual abuse material; (2)(b) distributes obscene child sexual abuse material; (2)(c) receives obscene child sexual abuse material; or (2)(d) possesses obscene child sexual abuse material with the intent to distribute the obscene child sexual abuse material. (3) A violation of Subsection (2) is a second degree felony. (4) For a charge of violating this section, it is an affirmative defense that: (4)(a) the defendant: (4)(a)(i) did not solicit the obscene child sexual abuse material from any minor depicted in the child sexual abuse material; (4)(a)(ii) is not more than two years older than any minor depicted in the obscene child sexual abuse material; and (4)(a)(iii) upon request of a law enforcement officer or any minor depicted in the obscene child sexual abuse material, removes from an electronic device or destroys the obscene child sexual abuse material and all copies of the obscene child sexual abuse material in the defendant's possession; and (4)(b) the obscene child sexual abuse material does not depict an offense under Chapter 5, Part 4, Sexual Offenses. (5) The following are not criminally or civilly liable under this section when acting in good faith compliance with Section 77-4-201: (5)(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: (5)(a)(i) reporting or data preservation duties required under federal or state law; or (5)(a)(ii) implementing a policy of attempting to prevent the presence of obscene child sexual abuse material on tangible or intangible property, or of detecting and reporting the presence of obscene child sexual abuse material on the property; (5)(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; (5)(c) an employee of a court who may be required to view obscene child sexual abuse material during the course of and within the scope of the employee's employment; (5)(d) a juror who may be required to view obscene child sexual abuse material during the course of the individual's service as a juror; (5)(e) an attorney or employee of an attorney who is required to view obscene child sexual abuse material during the course of a judicial process and while acting within the scope of employment; (5)(f) an employee of the Department of Health and Human Services who is required to view obscene child sexual abuse material within the scope of the employee's employment; (5)(g) an employee, independent contractor, or designated interviewer of a Children's Justice Center, who is required to view obscene child sexual abuse material within the scope of the employee's, independent contractor's, or designated interviewer's scope of employment or assignment; or (5)(h) an attorney who is required to view obscene 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 unlawful activity regarding obscene material depicting the sexual abuse of a minor a felony or a misdemeanor in Utah?
Unlawful activity regarding obscene material depicting the sexual abuse of a minor is a Second Degree Felony in Utah under Utah Code Ann. § 76-5b-209.
Which Utah statute covers unlawful activity regarding obscene material depicting the sexual abuse of a minor?
Unlawful activity regarding obscene material depicting the sexual abuse of a minor is governed by Utah Code Ann. § 76-5b-209 (Unlawful activity regarding obscene material depicting the sexual abuse of a minor).
This reference is informational and is not legal advice.