77-18-8.3 - Special condition of sentence during incarceration -- Penalty.
77-18-8.3. Special condition of sentence during incarceration -- Penalty.
(1) At the time of sentence, the court may order the defendant to be prohibited fromdirectly or indirectly engaging in any profit or benefit generating activity relating to thepublication of facts or circumstances pertaining to the defendant's involvement in the criminal actfor which the defendant is convicted.
(2) The court's order may prohibit the defendant from contracting with any person, firm,corporation, partnership, association, or other legal entity with respect to the commission andreenactment of the defendant's criminal conduct, by way of a movie, book, magazine article, taperecording, phonograph record, radio, or television presentations, live entertainment of any kind, orfrom the expression of the defendant's thoughts, feelings, opinions, or emotions regarding thecriminal conduct.
(3) The court may order that the prohibition includes any event undertaken andexperienced by the defendant while avoiding apprehension from the authorities or while facingcriminal charges.
(4) The court may order that any action taken by the defendant by way of execution ofpower of attorney, creation of corporate entities, or other action to avoid compliance with thecourt's order may be found to be contempt.
(5) The Department of Corrections shall notify the attorney general of any allegedviolation of the court's order under this section.
(6) The Board of Pardons and Parole and any county jail administrator may consider thecourt's finding in any incarceration release decision concerning the incarcerated defendant.
(7) For purposes of this section:
(a) "convicted" means a conviction by entry of a plea of guilty or nolo contendere, guiltyand mentally ill, no contest, and conviction of any crime or offense; and
(b) "defendant" means the convicted defendant, the defendant's assignees, andrepresentatives acting on the defendant's authority.
Enacted by Chapter 210, 1996 General Session