76-5a-3 - Sexual exploitation of a minor -- Offenses.
76-5a-3. Sexual exploitation of a minor -- Offenses.
(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 childpornography; 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 orpermits 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 childpornography in violation of this section, the depiction of each individual minor in the childpornography 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 under18 years of age was actually depicted in the visual depiction or used in producing or advertisingthe 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 withinthe 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 onany tangible or intangible property, or of detecting and reporting the presence of childpornography on the property; or
(b) any law enforcement officer acting within the scope of a criminal investigation.
Amended by Chapter 257, 2009 General Session