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Title 76 - Criminal Code, Chaper 10 - Offenses Against Public Health, Safety, Welfare and Morals, Part 12 - Pornographic and Harmful Materials and Performances

76-10-1201. Definitions. For the purpose of this part:

(1) "Material" means anything printed or written or any picture, drawing, photograph, motion picture, or pictorial representation, or any statute or other figure, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates, and other latent representational objects.

(2) "Performance" means any physical human bodily activity, whether engaged in alone or with other persons, including but not limited to singing, speaking, dancing, acting, simulating, or pantomiming.

(3) "Distribute" means to transfer possession of materials whether with or without consideration.

(4) "Knowingly" means an awareness, whether actual or constructive, of the character of material or of a performance. A person has constructive knowledge if a reasonable inspection or observation under the circumstances would have disclosed the nature of the subject matter and if a failure to inspect or observe is either for the purpose of avoiding the disclosure or is criminally negligent.

(5) "Exhibit" means to show.

(6) "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks, with less than an opaque covering, or the showing of a female breast with less than an opaque covering, or any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

(7) "Sexual conduct" means acts of masturbation, sexual intercourse, or any touching of a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent or actual sexual stimulation or gratification.

(8) "Sexual excitement" means a condition of human male or female genitals when in a state of sexual stimulation or arousal, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.

(9) "Sado-masochistic abuse" means flagellation or torture by or upon a person who is nude or clad in undergarments, a mask, or in a revealing or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

(10) "Minor" means any person less than eighteen years of age.

(11) "Harmful to minors" means that quality of any description or representation, in whatsoever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it:
(i) Taken as a whole, appeals to the prurient interest in sex of minors;
(ii) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(iii) Taken as a whole, does not have serious value for minors. Serious value includes only serious literary, artistic, political or scientific value for minors.

(12) "Contemporary community standards" means those current standards in the vicinage where an offense alleged under this act has occurred, is occurring, or will occur.

(13) "Public place" includes a place to which admission is gained by payment of a membership or admission fee, however designated, notwithstanding its being designated a private club or by words of like import.
(as last amended by Chapter 92, Laws of Utah 1977)

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, sadomasochistic abuse, or excretion; and
(c) Taken as a whole it does not have serious literary, artistic, political or scientific value.

(2) In prosecutions under this part, where circumstances of production, presentation, sale, dissemination, distribution, exhibition, or publicity indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, this evidence is probative with respect to the nature of the matter and can justify the conclusion that, in the context in which it is used, the matter has no serious literary, artistic, political, or scientific value.

(3) Neither the prosecution nor the defense shall be required to introduce expert witness testimony as to whether the material or performance is or is not harmful to adults or minors or is or is not pornographic, or as to any element of the definition of pornographic, including contemporary community standards.
(as last amended by Chapter 92, Laws of Utah 1977)

76-10-1204. Distributing pornographic material.

(1) A person is guilty of distributing pornographic material when he 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 any pornographic material with intent to distribute or exhibit it to others;
(c) distributes or offers to distribute, exhibits or offers to exhibit any pornographic material to others;
(d) writes, creates, or solicits the publication or advertising of pornographic material;
(e) promotes the distribution or exhibition of material he represents to be pornographic; or
(f) presents or directs a pornographic performance in any public place or any place exposed to public view or participates in that portion of the performance which makes it pornographic.

(2) Each distributing of pornographic material as defined in Subsection (1) is a separate offense.

(3) It is a separate offense under this section for:
(a) each day's exhibition of any pornographic motion picture film; and
(b) each day in which any pornographic publication is displayed or exhibited in a public place with intent to distribute or exhibit it to others.

(4) Each separate offense under this section is a class A misdemeanor punishable by:
(a) a minimum mandatory fine of not less than $100 plus $10 for each article exhibited up to the maximum allowed by law; and
(b) incarceration, without suspension of sentence in any way, for a term of not less than seven days, notwithstanding any provisions of Section 77-18-1.

(5) If a defendant has already been convicted once under this section, each separate further offense is a third degree felony punishable by a minimum mandatory fine of not less than $1,000 plus $10 for each article exhibited up to the maximum allowed by law and by incarceration, without suspension of sentence in any way, for a term of not less than 30 days. This subsection supersedes Section 77-18-1.
(as last amended by Chapters 93 and 163, Laws of Utah 1990)

76-10-1205. Inducing acceptance of pornographic material.

(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 other merchandise that the purchaser or consignee receive any pornographic material or material reasonably believed by the purchaser or consignee to be pornographic; or
(b) denies, revokes, or threatens to deny or revoke a franchise, or to impose any penalty, financial or otherwise, because of the failure or refusal to accept pornographic material or material reasonably believed by the purchaser or consignee to be pornographic.

(2) A violation of this section is a class A misdemeanor punishable by a fine of not less than $500 and by incarceration, without suspension of sentence in any way, for a term of not less than 14 days. This subsection supersedes Section 77-18-1.
(as last amended by Chapter 163, Laws of Utah 1990)

76-10-1206. Dealing in harmful material to a minor.

(1) A person is guilty of dealing in harmful material when, knowing that a person is a minor, or having failed to exercise reasonable care in ascertaining the proper age of a minor, he:

(a) knowingly distributes or offers to distribute, exhibits or offers to exhibit any harmful material to a minor;
(b) produces, presents, or directs any performance before a minor, harmful to minors, or participates in any performance before a minor, harmful to minors; or
(c) falsely pretends to be the parent or legal guardian of a minor and thereby causes the minor to be admitted to an exhibition of any harmful material.

(2) (a) This section does not prohibit any parent or legal guardian from distributing any harmful material to his minor child or ward or from permitting his minor child or ward to attend an exhibition of any harmful material if the minor child or ward is accompanied by him. (b) This section does not prohibit a person from exhibiting any harmful material to a minor child who is accompanied by his parent or legal guardian or by any person whom he reasonably believes to be the parent or legal guardian of that child.

(3) Each separate offense under this section is a third degree felony punishable by a minimum mandatory fine of not less than $300 plus $10 for each article exhibited up to the maximum allowed by law and by incarceration, without suspension of sentence in any way, for a term of not less than 14 days. This subsection supersedes Section 77-18-1.

(4) If a defendant has already been convicted once under this section, each separate further offense is a second degree felony punishable by a minimum mandatory fine of not less than $5,000 plus $10 for each article exhibited up to the maximum allowed by law and by incarceration, without suspension of sentence in any way, for a term of not less than one year. This subsection supersedes Section 77-18-1. (as last amended by Chapter 163, Laws of Utah 1990)

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 the lease or other title under which he holds at the option of the fee owner or any intermediate lessor; and 10 days after the fee owner or any intermediate lessor gives notice in writing to the tenant or occupant that he is exercising the option, the right of possession to the property reverts in the person exercising the option. This option does not arise until all avenues of direct appeal from the conviction have been exhausted or abandoned by the tenant or occupant, or his employee.

(2) It shall be unlawful for a fee owner or intermediate lessor of real property to knowingly allow this property to be used for the purpose of distributing or exhibiting pornographic materials, or for pornographic performances, by a tenant or occupant if the tenant or occupant, or his employee, has been convicted under any provision of this part of an offense occurring on the same property and all avenues of direct appeal from the conviction have been exhausted or abandoned. (a) "Allow" under this subsection (2) means a failure to exercise the option arising under subsection (1) within 10 days after the fee owner or lessor receives notice in writing from the county attorney of the county where the property is situated, or if situated in a city of the first or second class, from the city attorney of that city, that the property is being used for a purpose prohibited by this subsection (2). (b) A willful violation of this subsection (2) is a class A misdemeanor and any fine assessed, if not paid within 30 days after judgment, shall become a lien upon the property.

(3) Any tenant or occupant who receives a notice in writing that the fee owner or intermediate lessor is exercising the option provided by subsection (1) and who does not quit the premises within 10 days after the giving of that notice is guilty of a class A misdemeanor. (as enacted by Chapter 92, Laws of Utah 1977)

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. (as enacted by Chapter 138, Laws of Utah 1990)

76-10-1208. Affirmative defenses.

(1) It is an affirmative defense to prosecution under this part that the distribution of pornographic material was 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 was a motion picture projectionist, usher, ticket-taker, bookstore employee, or otherwise was required to violate any provision of this part incident to his employment.
(as enacted by Chapter 92, Laws of Utah 1977)

76-10-1209. Injunctive relief -- Jurisdiction -- Consent to be sued -- Service of process.

(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 other writs and processes appropriate to carry out and enforce the provisions of this part. No restraining order or injunction, however, shall issue except upon notice to the person sought to be enjoined. That person shall be entitled to a trial of the issues commencing within three days after filing of an answer to the complaint and a decision shall be rendered by the court within two days after the conclusion of the trial. If a final order or judgment of injunction is entered against the person sought to be enjoined, this final order or judgment shall contain a provision directing the person to surrender to the sheriff of the county in which the action was brought any pornographic material in his possession which is subject to the injunction; and the sheriff shall be directed to seize and destroy this material.

(2) Any person not qualified to do business in the state who sends or brings any pornographic material into the state with the intent to distribute or exhibit it to others in this state thereby consents that he may be sued in any proceedings commenced under this section and therefor appoints the director of the Division of Corporations and Commercial Code to be the agent upon whom may be served all legal process against that person. Service of process shall be made by serving a copy of same upon the director of the Division of Corporations and Commercial Code or by filing the copy in that office, together with payment of a fee determined by the division pursuant to Subsection 63- 38-3(2). This service shall be sufficient service upon the defendant if:
(a) notice of the service and a copy of the process are within ten days thereafter sent by mail by the prosecuting attorney to the defendant at the address of the defendant that appears on any material exhibited or distributed, and if no address appears, then the last known address of the defendant; and
(b) the prosecuting attorney's affidavit of compliance with the provisions of this subsection are attached to the summons. The Division of Corporations and Commercial Code shall keep a record of all the process served upon it under this section, showing the day and hour of the service. Nothing in this subsection shall be construed to limit the operation of Rule 17(e) of the Utah Rules of Civil Procedure.

(3) This section shall not be construed in any way to limit the district courts in the exercise of their jurisdiction under any other provision of law.
(as last amended by Chapter 15, Laws of Utah 1984, Second Special Session)

76-10-1210. Local regulation of pornographic materials or materials harmful to minors.

(1) 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 of the State of Utah are specifically given the right hereby to further regulate the materials. Specifically, without limitation, these political subdivisions may further regulate materials by ordinances relating to zoning, licensing, public nuisances, or relating to a specific type of business such as adult bookstores or drive-in movies.

(2) It is not the intent of this part to preclude the application of other laws of the State of Utah to pornographic materials or materials harmful to minors. Specifically, without limitation, this part is not in derogation of sections 76-10-803 and 76-10-806.

(3) The commission of a crime under this part shall be deemed to offend public decency under section 76-10-803. It is the intent of this part to give the broadest meaning permissible under the federal and state constitutions to the words "offends public decency" in section 76-10- 803.
(as last amended by Chapter 92, Laws of Utah 1977)

76-10-1211. Separability clause. If any clause, sentence, paragraph, or part of this act 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 act part< or its application to other persons or circumstances but shall be confined in its operation to the clause, sentence, paragraph, persons, or circumstances, or part thereof directly involved in the controversy in which the judgment shall have been rendered.
(as enacted by Chapter 196, Laws of Utah 1973)

76-10-1212. Search and seizure -- Affidavit -- Issuance of warrant -- Hearing upon claim that material seized not pornographic -- 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 pornographic shall be attached to the affidavit for search warrant so as to afford the magistrate the opportunity to examine this material.

(2) Upon the filing of an affidavit for a search warrant, the magistrate shall determine, by examination of the material sought to be seized if attached, by examination of the affidavit describing the material, or by such other manner or means that he deems necessary, whether probable cause exists to believe that the material is pornographic and whether probable cause exists for the immediate issuance of a search warrant. Upon making this determination, he shall issue a search warrant ordering the seizure of the material described in the affidavit for a search warrant according to the provisions of the Utah Rules of Criminal Procedure.

(3) In the event that a search warrant is issued and material alleged to be pornographic is seized under the provisions of this section, any person claiming to be in possession of this material or claiming ownership of it at the time of its seizure may file a notice in writing with the magistrate within 10 days after the date of the seizure, alleging that the material is not pornographic. The magistrate shall set a hearing within seven days after the filing of this notice, or at such other time as the claimant might agree. At this hearing evidence may be presented as to whether there is probable cause to believe the material seized is pornographic, and at the conclusion of the hearing the magistrate shall make a further determination of whether probable cause exists to believe that the material is pornographic. A decision as to whether there is probable cause to believe the seized material is pornographic shall be rendered by the court within two days after the conclusion of the hearing. If at the hearing the magistrate finds that no probable cause exists to believe that the material is pornographic, then the material shall be returned to the person or persons from whom it was seized. If the material seized is a film, and the claimant demonstrates that no other copy of the film is available to him, the court shall allow the film to be copied at the claimant's expense pending the hearing.

(4) If a motion to suppress the evidence is granted on the grounds of an unlawful seizure, the property shall be restored unless it is subject to confiscation as contraband, in which case it shall not be returned.

(5) Procedures under this section for the seizure of allegedly pornographic material shall be cumulative of all other lawful means of obtaining evidence as provided by the laws of this state. Nothing contained in this section shall prevent the obtaining of allegedly pornographic material by purchase, subpoena duces tecum, or under injunction proceedings as authorized by this act or by any other provision of law of the State of Utah. (as enacted by Chapter 92, Laws of Utah 1977)

76-10-1213. Corporate defendants -- Summons -- Subpoena duces tecum. 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 cause that material in the possession of the corporation against which the summons is sought is pornographic, which finding shall be upon affidavit describing with specificity the material alleged to be pornographic or in such other manner or means the magistrate deems necessary. Where practical, the material alleged to be pornographic shall be attached to the affidavit so as to afford the magistrate the opportunity to examine this material. The summons must be served upon the corporation by delivery of it to an officer, director, managing or general agent, or cashier or assistant cashier thereof. The production of material alleged to be pornographic in any proceedings under this part against a corporation may be compelled by the issuance and service of a subpoena duces tecum. It is not the intent of this section to prohibit or limit the use of a subpoena duces tecum in proceedings against natural persons under this part.
(as enacted by Chapter 92, Laws of Utah 1977)

76-10-1214. Conspiracy an offense -- Punishment.

(1) 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 term of not less than 60 days. This subsection supersedes Section 77-18-1.

(2) If a defendant has already been convicted once under this section, each separate further offense is a second degree felony punishable by a minimum mandatory fine of not less than $5,000 and by imprisonment, without suspension of sentence in any way, for a term of not less than one year. This subsection supersedes Section 77-18-1.
(as last amended by Chapter 163, Laws of Utah 1990)

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, however, in a city of the first or second class, prosecution may be brought by either the county, district, or city attorney, notwithstanding any provision of law limiting the powers of city attorneys. All fines imposed for the violation of this part shall be paid to the county or city of the prosecuting attorney, as the case may be.
(as last amended by Chapter 38, Laws of Utah 1993)

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 any other means, directly or indirectly, for the purpose of exhibiting it in this state or elsewhere but shall not include any person whose function with respect to any film is limited to the transportation or storage thereof.

(3) "Film" means what is usually known as a motion picture film and which is intended to be shown commercially for profit by devices of any kind whatsoever.

(4) "Person" includes a natural person, firm, association, partnership, or corporation.

(5) "Public place" includes any place to which admission is gained by payment of a membership or admission fee, however designated, notwithstanding it is designated as a private club or by words of like import. (as enacted by Chapter 92, Laws of Utah 1977)

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 in the production and distribution of such films and, therefore, it is the further intent of this act to facilitate the criminal prosecution of distributors of pornographic films.

(2) It is not the intent of this act to limit the regulation of films by counties, cities, towns, and other political subdivisions within the state, and these subdivisions are specifically given the right by this act to further regulate films. Nor is it the intent of this act to limit or abridge the power to otherwise prosecute violations of any other provisions of law including, but not limited to, those provisions of Part 12 of Title 76, Chapter 10.
(as enacted by Chapter 93, Laws of Utah 1977)

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.
(as enacted by Chapter 93, Laws of Utah 1977)

76-10-1219. Qualification for distribution of films -- Corporations and others to file statements.

(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;
(b) it has filed with the Division of Corporations and Commercial Code a statement upon forms prescribed and furnished by that office, signed and verified on behalf of the corporation by an officer qualified and authorized to bind the corporation for such purpose, a statement indicating that it desires to be qualified to distribute films in this state and that it submits itself to the jurisdiction and laws of this state relating thereto and, further, indicating the following:
(i) the address of its principal office;
(ii) the name under which it wishes to distribute films in this state;
(iii) the names and addresses of all directors and officers;
(iv) the address of the registered office in this state; and
(v) the name of its registered agent in this state;
(c) it files a current statement on or before March 1 of each year thereafter indicating that information specified in Subsection (b) of this Subsection (1) in the manner provided therein.

(2) A distributor which is not a corporation shall be qualified to distribute films within this state if:
(a) it has and continuously maintains a registered office in this state;
(b) it has a registered agent whose business address is at that registered office and which is either an individual residing and domiciled in this state, a domestic corporation in good standing, or a foreign corporation authorized to transact business in this state;
(c) it has filed with the Division of Corporations and Commercial Code a statement, upon forms prescribed and furnished by that office, signed and verified, indicating that it desires to be qualified to distribute films in this state and that it submits itself to the jurisdiction and laws of this state relating thereto and, further, indicating the following:
(i) the address of its principal office;
(ii) the name under which it wishes to distribute films in this state;
(iii) the names and address of each partner or the sole proprietor, owning the distributorship;
(iv) the address of its registered office in this state; and (v) the name of its registered agent in this state;
(d) it files a current statement on or before March 1 of each year thereafter indicating that information specified in Subsection (b) of this Subsection (2) in the manner provided therein.

(3) The Division of Corporations and Commercial Code shall keep a record of all processes, notices and demands served upon it pursuant to this section, together with the time of such service and its action relating thereto.

(4) This section shall not affect the right to serve any process, notice, or demand, required or permitted by law to be served upon a distributor, in any other manner provided by law. (as last amended by Chapter 66, Laws of Utah 1984)

76-10-1220. Change of registered office or agent by film distributor -- Resignation of registered agent.

(1) A distributor qualified to distribute films in this state may change its registered office or registered agent by filing with the Division of Corporations and Commercial Code a statement setting forth:
(a) the name of the distributor;
(b) the address of its present registered office;
(c) the name of its present registered agent; and
(d) the address of the new registered office or name of the new registered agent.

(2) The statement provided for in this section must be signed, verified, and filed in the same manner as specified in Section 76-10- 1219.

(3) If the Division of Corporations and Commercial Code finds that the statement conforms to the provisions of this act, it shall file the statement in its office and the change in the registered office or agent shall thereupon take effect.

(4) Any registered agent may resign that position by filing a signed and verified notice of that resignation in duplicate with the Division of Corporations and Commercial Code which shall forthwith mail a copy thereof to the distributor at its principal office. That resignation shall take effect 30 days after receipt thereof by the Division of Corporations and Commercial Code.
(as last amended by Chapter 66, Laws of Utah 1984)

76-10-1221. Service of process, notice or demand on registered agent of film distributor -- Director of Division of Corporations and Commercial Code as agent for process.

(1) Any process, notice, or demand required or permitted by law to be served upon the distributor may be served upon the registered agent of that distributor.

(2) If the registered agent cannot with reasonable diligence be found at the registered office , the director of the Division of Corporations and Commercial Code shall constitute the agent of the distributor for the service of any process, notice, or demand required or permitted by law to be served upon the distributor. Service of any such process, notice, or demand upon the director of the Division of Corporations and Commercial Code shall be made in duplicate and the Division of Corporations and Commercial Code shall thereupon cause one of the copies thereof to be forwarded by registered mail to the distributor at its principal office indicated in that statement filed pursuant to Section 76-10-1219. Such service shall be deemed complete upon the tenth day following that service.
(as last amended by Chapter 66, Laws of Utah 1984)

76-10-1222. Distribution of pornographic film -- Penalties for violations.

(1) Any person who knowingly or by criminal negligence distributes for exhibition within this state a film which is pornographic as that term is defined in the Utah criminal code shall be guilty of a class A misdemeanor and shall, for each separate offense, be fined not less than $1,000 and imprisoned, without suspension of sentence in any way, for a term of not less than 60 days.

(2) Any person convicted of a violation of this section who has been convicted before of a violation of this section, shall be guilty of a felony of the third degree and shall, for each separate offense, be fined not less than $5,000 and imprisoned, without suspension of sentence in any way, for a term of not less than six months.

(3) Each copy of a pornographic film distributed for exhibition within this state in violation of this section shall constitute a separate offense.
(as enacted by Chapter 93, Laws of Utah 1977)

76-10-1223. Distribution of film without being qualified -- Exhibition of film not acquired from qualified distributor -- Penalties for violations.

(1) Any person who knowingly distributes any film for exhibition within this state without being qualified to do so, or who knowingly exhibits a film in this state which has not been acquired from a distributor qualified to distribute films in this state is guilty of a class B misdemeanor and shall, for each separate offense, be fined not less than $299 and imprisoned, without suspension of sentence in any way, for a term of not less than 30 days.

(2) Any person convicted of a violation of this section, who has been convicted before of a violation of this section, shall be guilty of a class A misdemeanor and shall, for each separate offense, be fined not less than $1,000 and imprisoned, without suspension of sentence in any way, for a term of not less than 60 days.

(3) Each day's exhibition of such a film, and each copy of a film distributed for exhibition within this state, shall constitute a separate offense.
(as enacted by Chapter 93, Laws of Utah 1977)

76-10-1224. Defense to prosecution for distribution or exhibition of pornographic film -- Status as projectionist or other employee no defense.

(1) It shall be an affirmative defense to any prosecution under Section 76-10-1222 or 76-10-1223 that the distribution is exempt from the restrictions of this act by the provisions of Section 76-10-1226.

(2) It shall not constitute a defense to any prosecution under Section 76-10-1222 or 76-10-1223 that the actor was a motion picture projectionist or was otherwise required by his employment to commit the violation complained of.
(as enacted by Chapter 93, Laws of Utah 1977)

76-10-1225. Prosecution of pornographic film violations by county attorney, district attorney, or city attorney. The county attorney of the county where the violation occurred or within a prosecution district where the violation occurred, the district attorney shall file and prosecute any action for violations of this act unless the violation occurs in a city of the first or second class. If the violation occurs in such a city, the action may be commenced and prosecuted by either the city attorney or the county attorney. All fines imposed for any violation of this act shall be paid to the political subdivision employing the prosecuting attorney.
(as last amended by Chapter 38, Laws of Utah 1993)

76-10-1226. Exemptions from application of film distribution act. This part does not apply to any film:

(1) distributed to or exhibited by any accredited university, college, school, library, or other educational institution, church, or museum, if there is scientific, religious, or educational justification for the exhibition of the film; or

(2) exhibited by the Department of Corrections or exhibited as part of any treatment program operated by or under contract with the department if the exhibition of the film is solely for the assessment or treatment of an offender as defined under Section 64-13-1. (as last amended by Chapter 138, Laws of Utah 1990)

76-10-1227. Indecent public displays -- Definitions. For purposes of this act:

(1) "Description or depictions of illicit sex or sexual immorality" means:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse, or sodomy; or
(c) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(2) "Nude or partially denuded figures" means:
(a) Less than completely and opaquely covered:
(i) Human genitals;
(ii) Pubic regions;
(iii) Buttock; and
(iv) Female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(as enacted by Chapter 80, Laws of Utah 1979)

76-10-1228. Indecent public displays -- Prohibitions -- Penalty.

(1) A person is guilty of a class A misdemeanor who willfully or knowingly:
(a) engages in the business of selling, lending, giving away, showing, advertising for sale, or distributing to any person under the age of 18 or has in his possession with intent to engage in that business or to otherwise offer for sale or commercial distribution to any individual under the age of 18; or
(b) publicly displays at newsstands or any other establishment frequented by minors under the age of 18, or where the minors are or may be invited as a part of the general public, any motion picture, or any live, taped, or recorded performance, or any still picture or photograph, or any book, pocket book, pamphlet, or magazine the cover or content of which exploits, is devoted to, or is principally made up of indecent descriptions or depictions of illicit sex or sexual immorality, or that consists of pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or to exploit lust or perversion for commercial gain.

(2) A violation of this section is punishable by a minimum mandatory fine of not less than $500 and by incarceration, without suspension of sentence in any way, for a term of not less than 30 days. This section supersedes Section 77-18-1.
(as last amended by Chapter 163, Laws of Utah 1990)

76-10-1229. Distribution of pornographic material through cable television prohibited -- Definitions -- Prosecution of violation.

(1) No person, including a franchisee, shall knowingly distribute by wire or cable any pornographic or indecent material to its subscribers.

(2) For purposes of this section "material" means any visual display shown on a cable television system, whether or not accompanied by sound, or any sound recording played on a cable television system.

(3) For purposes of this section "pornographic material" is any material defined as pornographic in sections 76-10-1201 and 76-10-1203.

(4) For purposes of this section "indecent material" means any material described in section 76-10-1227.

(5) For purposes of this section "distribute" means to send, transmit, retransmit, or otherwise pass through a cable television system.

(6) Prosecution for violation of this section may be initiated at the instance of the attorney general or any county or city attorney of an interested political subdivision or at the instance of the governing body of any such political subdivision.

(7) Any person who violates this section is guilty of a class A misdemeanor.
(as enacted by Chapter 97, Laws of Utah 1981)

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