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ENTICING A MINOR -- ELEMENTS -- PENALTIES.
Utah Criminal Code
76-4-401
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(1) As used in this section:
(a) "Minor" means a person who is under the age of 18.
(b) "Text messaging" means a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person's telephone or computer by addressing the communication to the person's telephone number.
(2)
(a) A person commits enticement of a minor when the person knowingly uses or attempts to use the Internet or text messaging to solicit, seduce, lure, or entice a minor or another person that the actor believes to be a minor to engage in any sexual activity which is a violation of state criminal law.
(b) A person commits enticement of a minor when the person knowingly uses the Internet or text messaging to:
(i) initiate contact with a minor or a person the actor believes to be a minor; and
(ii) subsequently to the action under Subsection (2)(b)(i), by any electronic or written means, solicits, seduces, lures, or entices, or attempts to solicit, seduce, lure, or entice the minor or a person the actor believes to be the minor to engage in any sexual activity which is a violation of state criminal law.
(3) It is not a defense to the crime of enticing a minor under Subsection (2), or an attempt to commit this offense, that a law enforcement officer or an undercover operative who is working with a law enforcement agency was involved in the detection or investigation of the offense.
(4) An enticement of a minor under Subsection (2)(a) or (b) with the intent to commit:
(a) a first degree felony is a:
(i) second degree felony upon the first conviction for violation of this Subsection (4)(a); and
(ii) first degree felony punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life, upon a second or any subsequent conviction for a violation of this Subsection (4)(a);
(b) a second degree felony is a third degree felony;
(c) a third degree felony is a class A misdemeanor;
(d) a class A misdemeanor is a class B misdemeanor; and
(e) a class B misdemeanor is a class C misdemeanor.
(5)
(a) When a person who commits a felony violation of this section has been previously convicted of an offense under Subsection (5)(b), the court may not in any way shorten the prison sentence, and the court may not:
(ii) suspend the execution or imposition of the sentence;
(iii) enter a judgment for a lower category of offense; or
(iv) order hospitalization.
(b) The sections referred to in Subsection (5)(a) are:
(i) Section 76-4-401, enticing a minor;
(ii) Section 76-5-301.1, child kidnapping;
(iii) Section 76-5-402, rape;
(iv) Section 76-5-402.1, rape of a child;
(v) Section 76-5-402.2, object rape;
(vi) Section 76-5-402.3, object rape of a child;
(vii) Subsection 76-5-403(2), forcible sodomy;
(viii) Section 76-5-403.1, sodomy on a child;
(ix) Section 76-5-404, forcible sexual abuse;
(x) Section 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a child;
(xi) Section 76-5-405, aggravated sexual assault;
(xii) any offense in any other state or federal jurisdiction which constitutes or would constitute a crime in Subsections (4)(b)(i) through (xi); or
(xiii) the attempt, solicitation, or conspiracy to commit any of the offenses in Subsections (4)(b)(i) through (xii).
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Sexual exploitation of a minor -- Offenses.
Utah Criminal Code
76-5a-3
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(1) A person is guilty of sexual exploitation of a minor:
(a) when the person:
(i) knowingly produces, possesses, or possesses with intent to distribute child pornography; or
(ii) intentionally distributes or views child pornography; or
(b) if the person is a minor's parent or legal guardian and knowingly consents to or permits that minor to be sexually exploited under Subsection (1)(a).
(2) Sexual exploitation of a minor is a felony of the second degree.
(3) It is a separate offense under this section:
(a) for each minor depicted, and if more than one minor is depicted in the child pornography in violation of this section, the depiction of each individual minor in the child pornography is a separate offense; and
(b) each time the same minor is depicted in different child pornography.
(4) It is an affirmative defense to a charge of violating this section that no person under 18 years of age was actually depicted in the visual depiction or used in producing or advertising the visual depiction.
(5) This section may not be construed to impose criminal or civil liability on:
(a) any entity or an employee, director, officer, or agent of an entity when acting within the scope of employment, for the good faith performance of:
(i) reporting or data preservation duties required under any federal or state law; or
(ii) implementing a policy of attempting to prevent the presence of child pornography on any tangible or intangible property, or of detecting and reporting the presence of child pornography on the property; or
(b) any law enforcement officer acting within the scope of a criminal investigation.
Dealing in material harmful to a minor -- Penalties.
Utah Criminal Code
76-10-1206
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(1) A person is guilty of dealing in material harmful to minors when, knowing or believing that a person is a minor, or having negligently failed to determine the proper age of a minor, the person intentionally:
(a) distributes or offers to distribute, or exhibits or offers to exhibit, to a minor or a person the actor believes to be a minor, any material harmful to minors;
(b) produces, performs, or directs any performance, before a minor or a person the actor believes to be a minor, that is harmful to minors; or
(c) participates in any performance, before a minor or a person the actor believes to be a minor, that is harmful to minors.
(2)
(a) Each separate offense under this section committed by a person 18 years of age or older is a third degree felony punishable by:
(i) a minimum mandatory fine of not less than $1,000, plus $10 for each article exhibited up to the maximum allowed by law; and
(ii) incarceration, without suspension of sentence, for a term of not less than 14 days.
(b) Each separate offense under this section committed by a person 16 or 17 years of age is a class A misdemeanor.
(c) Each separate offense under this section committed by a person younger than 16 years of age is a class B misdemeanor.
(d) Subsection (2)(a) supersedes Section 77-18-1.
(3)
(a) If a defendant 18 years of age or older has been previously convicted or adjudicated to be under the jurisdiction of the juvenile court under this section, each separate subsequent offense is a second degree felony punishable by:
(i) a minimum mandatory fine of not less than $5,000, plus $10 for each article exhibited up to the maximum allowed by law; and
(ii) incarceration, without suspension of sentence, for a term of not less than one year.
(b) If a defendant younger than 18 years of age has been previously convicted or adjudicated to be under the jurisdiction of the juvenile court under this section, each separate subsequent offense is a third degree felony.
(c) Subsection (3)(a) supersedes Section 77-18-1.
(d)
(i) This section does not apply to an Internet service provider, as defined in Section 76-10-1230, a provider of an electronic communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service, information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if:
(A) the distribution of pornographic material by the Internet service provider occurs only incidentally through the provider's function of:
(I) transmitting or routing data from one person to another person; or
(II) providing a connection between one person and another person;
(B) the provider does not intentionally aid or abet in the distribution of the pornographic material; and
(C) the provider does not knowingly receive from or through a person who distributes the pornographic material a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute the pornographic material.
(ii) This section does not apply to a hosting company, as defined in Section 76-10-1230, if:
(A) the distribution of pornographic material by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person;
(B) the hosting company does not intentionally engage, aid, or abet in the distribution of the pornographic material; and
(C) the hosting company does not knowingly receive from or through a person who distributes the pornographic material a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute, store, or cache the pornographic material.
(4) A service provider, as defined in Section 76-10-1230, is not negligent under this section if it complies with Section 76-10-1231.
(5) A person 18 years of age or older who knowingly solicits, requests, commands, encourages, or intentionally aids another person younger than 18 years of age to engage in conduct in violation of Subsection (1) is guilty of a third degree felony and is subject to the penalties under Subsection (2)(a).
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