Section 1223 – Distribution of film without being qualified — Exhibition of film not acquired from qualified distributor — Penalties for violations.
76-10-1223. Distribution of film without being qualified — Exhibition of film not acquired from qualified distributor — Penalties for violations. (1) Any person who knowingly distributes any film for exhibition within this state without being qualified to do so, or who knowingly exhibits a film in this state which has not been acquired from a […]
Section 1210 – Relation to other laws.
76-10-1210. Relation to other laws. (1) (a) It is not the intent of this part to prescribe or limit the regulation of pornographic materials or materials harmful to minors, and counties, cities, and other political subdivisions are specifically given the right to further regulate the materials. (b) Without limitation, a political subdivision may further regulate […]
Section 1211 – Separability clause.
76-10-1211. Severability clause. If any clause, sentence, paragraph, or part of this part or its application to any person or circumstance shall for any reason be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of this part or its application to other persons […]
Section 1212 – Search and seizure — Affidavit — Issuance of warrant — Hearing upon claim that material seized not pornographic or harmful to minors — Procedures cumulative.
76-10-1212. Search and seizure — Affidavit — Issuance of warrant — Hearing upon claim that material seized not pornographic or harmful to minors — Procedures cumulative. (1) An affidavit for a search warrant shall be filed with the magistrate describing with specificity the material sought to be seized. Where practical, the material alleged to be […]
Section 1213 – Corporate defendants — Summons — Subpoena duces tecum.
76-10-1213. Corporate defendants — Summons — Subpoena duces tecum. (1) (a) The attendance in court of a corporation for purposes of commencing or prosecuting a criminal action against it under this part may be accomplished by the issuance and service of a summons. A summons shall be issued by a magistrate if he finds probable […]
Section 1205 – Inducing acceptance of pornographic material — Exemptions for Internet service providers and hosting companies.
Effective 7/1/2021 76-10-1205. Inducing acceptance of pornographic material — Exemptions for Internet service providers and hosting companies. (1) A person is guilty of inducing acceptance of pornographic material when he knowingly: (a) requires or demands as a condition to a sale, allocation, consignment, or delivery for resale of any newspaper, magazine, periodical, book, publication, or […]
Section 1206 – Dealing in material harmful to a minor — Penalties — Exemptions for Internet service providers and hosting companies.
Effective 7/1/2021 76-10-1206. Dealing in material harmful to a minor — Penalties — Exemptions for Internet service providers and hosting companies. (1) A person is guilty of dealing in material harmful to minors when, knowing or believing that an individual is a minor, or having negligently failed to determine the proper age of a minor, […]
Section 1207 – Use of real property by tenant or occupant — Voiding of lease — Allowance of such use by owner or lessor.
76-10-1207. Use of real property by tenant or occupant — Voiding of lease — Allowance of such use by owner or lessor. (1) If a tenant or occupant of real property uses this property for an activity for which he or his employee is convicted under any provision of this part, the conviction makes void […]
Section 1207.5 – Exemption — Corrections treatment, programs.
76-10-1207.5. Exemption — Corrections treatment, programs. This part does not apply to the Department of Corrections or any treatment program by or under contract with the department when the use of sexually explicit material that is pornographic is limited to the assessment or treatment of an offender as defined under Section 64-13-1. Enacted by Chapter […]
Section 1208 – Affirmative defenses.
76-10-1208. Affirmative defenses. (1) It is an affirmative defense to prosecution under this part that the distribution of pornographic material is restricted to institutions or persons having scientific, educational, governmental, or other similar justification for possessing pornographic material. (2) It is not a defense to prosecution under this part that the actor is a motion […]