76-10-1203. Pornographic material or performance — Expert testimony not required. (1) Any material or performance is pornographic if: (a) The average person, applying contemporary community standards, finds that, taken as a whole, it appeals to prurient interest in sex; (b) It is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, […]
Effective 7/1/2021 76-10-1204. Distributing pornographic material — Penalties — Exemptions for Internet service providers and hosting companies. (1) A person is guilty of distributing pornographic material when the person knowingly: (a) sends or brings any pornographic material into the state with intent to distribute or exhibit it to others; (b) prepares, publishes, prints, or possesses […]
Effective 5/10/2016 76-10-1204.5. Reporting of child pornography by a computer technician. (1) As used in this section: (a) “Child pornography” means the same as that term is defined in Section 76-5b-103. (b) “Computer technician” or “technician” means an individual who in the course and scope of the individual’s employment for compensation installs, maintains, troubleshoots, upgrades, […]
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 […]
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, […]
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 […]
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 […]
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 […]
76-10-1209. Injunctive relief — Jurisdiction — Consent to be sued. (1) The district courts of this state shall have full power, authority, and jurisdiction, upon application by any county attorney or city attorney within their respective jurisdictions or the attorney general, to issue any and all proper restraining orders, preliminary and permanent injunctions, and any […]
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 […]
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 […]
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 […]
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 […]
Effective 7/1/2021 76-10-1214. Conspiracy — Punishment. (1) (a) A conspiracy of two or more persons to commit any offense proscribed by this part is a third degree felony punishable for each separate offense by a minimum mandatory fine of not less than $1,000 and by imprisonment, without suspension of sentence in any way, for a […]
76-10-1215. Prosecution by county, district, or city attorney — Fines payable to county or city. Prosecution for violation of any section of this part, including a felony violation, shall be brought by the county attorney or, if within a prosecution district, the district attorney of the county where the violation occurs. If the violation occurs, […]
76-10-1216. Distribution of motion picture films — Definitions. As used in this act: (1) “Exhibit” means to show in a public place or in a place where the public is admitted, whether or not an admission fee is charged. (2) “Distributor” means any person from which a film is acquired by sale, lease, loan, or […]
76-10-1217. Intent to prevent commercial distribution and exhibition of pornographic films–Local regulation and other laws not limited. (1) It is the intent of this act to prevent the commercial distribution and exhibition of films in this state which are pornographic. There is substantial evidence that elements of organized crime have engaged to an increasing degree […]
76-10-1218. Qualification for exhibition and distribution of films required. No person shall distribute any film for exhibition in this state unless that person is first qualified to do so nor exhibit any film in this state which was not acquired for exhibition, directly or indirectly, from a distributor qualified to distribute films in this state. […]
76-10-1219. Qualification for distribution of films. (1) A distributor which is a corporation shall be qualified to distribute films within this state if: (a) it is a domestic corporation in good standing or a foreign corporation authorized to transact business in this state; and (b) it submits itself to the jurisdiction and laws of this […]
76-10-1220. Change of registered office or agent by film distributor. A distributor qualified to distribute films in this state may change its registered office or registered agent in accordance with Title 16, Chapter 17, Model Registered Agents Act. Amended by Chapter 43, 2010 General Session
