Utah Child Pornography Laws

Under federal and state law, it's illegal to produce, distribute, or sell child pornography. Child pornography is also called child sexual abuse material (CSAM). You'll face serious criminal charges if law enforcement catches you engaging in these behaviors.

Utah criminalizes child pornography under the Sexual Exploitation Act, which prohibits the sexual exploitation of minors. This article provides a brief overview of Utah's Sexual Exploitation Act, including the potential penalties and defenses to child pornography.

The Sexual Exploitation of a Minor

Utah's Sexual Exploitation Act defines child pornography as any visual depiction (including a live performance, photograph, film, video, picture, or computer-generated image) of sexually explicit conduct where:

• The production of the material involves a minor engaging in sexually explicit conduct
• The visual depiction is of a minor engaging in sexually explicit conduct
• The person who created the visual depiction made it appear that a minor is engaging in sexually explicit conduct

Also, the act defines "sexually explicit conduct" as actual or simulated:

• Sexual intercourse between people of the same or opposite sex (including genital-genital, oral-genital, anal-genital, or oral-anal)
• Masturbation
• Bestiality
• Sadistic or masochistic activities
• Lewd exhibition of the genitals, pubic region, buttocks, or female breasts
• Explicit representations of the defecation or urination functions

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Distribution of Intimate Images

People who distribute child pornography may also be guilty of the distribution of intimate images. In Utah, it is illegal to intentionally distribute any intimate image of a person who is younger than 18 if:

• The offender knows the minor did not consent to the distribution of the image
• The victim reasonably believed the defendant would not distribute the image
• The minor experiences emotional distress as a result of the defendant's actions

Utah law doesn't ban the distribution of child pornography. It prohibits the distribution of "intimate images." Utah's criminal code defines an intimate image as a visual depiction of the female breast, genitals, or someone engaging in sexually explicit conduct.

Distribution of an intimate image is a Class A misdemeanor for a first offense. The state elevates the crime to a third-degree felony for second and subsequent offenses.

A Sex Crime Attorney Can Help

If you're facing child pornography charges, you should consult an experienced Utah criminal defense attorney. A conviction of possession of child pornography or related criminal charges carries harsh penalties. Your criminal defense lawyer will help craft a strong defense strategy and help you avoid the worst possible outcome.

Contact a local sex crime lawyer today and schedule your initial case review.

More Resources

• State Child Pornography Laws
• Child Pornography and Selfies: What You Need to Know