76-5a-2 - Definitions.
76-5a-2. Definitions.
As used in this chapter:
(1) "Child pornography" means any visual depiction, including any live performance,photograph, film, video, picture, or computer or computer-generated image or picture, whethermade or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
(a) the production of the visual depiction involves the use of a minor engaging in sexuallyexplicit conduct;
(b) the visual depiction is of a minor engaging in sexually explicit conduct; or
(c) the visual depiction has been created, adapted, or modified to appear that anidentifiable minor is engaging in sexually explicit conduct.
(2) "Distribute" means the selling, exhibiting, displaying, wholesaling, retailing,providing, giving, granting admission to, or otherwise transferring or presenting childpornography with or without consideration.
(3) "Identifiable minor":
(a) means a person:
(i) (A) who was a minor at the time the visual depiction was created, adapted, ormodified; or
(B) whose image as a minor was used in creating, adapting, or modifying the visualdepiction; and
(ii) who is recognizable as an actual person by the person's face, likeness, or otherdistinguishing characteristic, such as a birthmark, or other recognizable feature; and
(b) does not require proof of the actual identity of the identifiable minor.
(4) "Live performance" means any act, play, dance, pantomime, song, or other activityperformed by live actors in person.
(5) "Minor" means a person younger than 18 years of age.
(6) "Nudity or partial nudity" means any state of dress or undress in which the humangenitals, pubic region, buttocks, or the female breast, at a point below the top of the areola, is lessthan completely and opaquely covered.
(7) "Produce" means the photographing, filming, taping, directing, producing, creating,designing, or composing of child pornography or the securing or hiring of persons to engage inthe production of child pornography.
(8) "Sexually explicit conduct" means actual or simulated:
(a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal,whether between persons of the same or opposite sex;
(b) masturbation;
(c) bestiality;
(d) sadistic or masochistic activities;
(e) lascivious exhibition of the genitals or pubic area of any person;
(f) the visual depiction of nudity or partial nudity for the purpose of causing sexualarousal of any person;
(g) the fondling or touching of the genitals, pubic region, buttocks, or female breast; or
(h) the explicit representation of the defecation or urination functions.
(9) "Simulated sexually explicit conduct" means a feigned or pretended act of sexuallyexplicit conduct which duplicates, within the perception of an average person, the appearance ofan actual act of sexually explicit conduct.
Amended by Chapter 176, 2001 General Session