(1)(1)(a) As used in this section, "abuse," "caretaker," "exploitation," "neglect," and "vulnerable adult" all mean the same as those terms are defined in Section 76-5-111.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)Except as provided in Subsection (4), an actor commits personal dignity exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and intentionally, knowingly, or recklessly:
(2)(a) creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult:
(2)(a)(i) to which creation, transmission, or display a reasonable person would not consent; and
(2)(a)(ii) (2)(a)(ii)(A) that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or pubic area;
(2)(a)(ii)(B) that displa
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(1) (1)(a) As used in this section, "abuse," "caretaker," "exploitation," "neglect," and "vulnerable adult" all mean the same as those terms are defined in Section 76-5-111.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) Except as provided in Subsection (4), an actor commits personal dignity exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and intentionally, knowingly, or recklessly:
(2)(a) creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult:
(2)(a)(i) to which creation, transmission, or display a reasonable person would not consent; and
(2)(a)(ii) (2)(a)(ii)(A) that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or pubic area;
(2)(a)(ii)(B) that displays the clothed area of only the vulnerable adult's breasts, buttocks, anus, genitals, or pubic area; or
(2)(a)(ii)(C) that shows the vulnerable adult engaged in conduct that is harmful to the mental or physical health or safety of the vulnerable adult; or
(2)(b) causes the vulnerable adult to participate in an act that is highly offensive or demeaning to the vulnerable adult:
(2)(b)(i) in which a reasonable person would not participate; or
(2)(b)(ii) that is harmful to the mental or physical health or safety of the vulnerable adult.
(3) (3)(a) (3)(a)(i) A violation of Subsection (2) is a class A misdemeanor if done intentionally or knowingly.
(3)(a)(ii) A violation of Subsection (2) is a class B misdemeanor if done recklessly.
(3)(b) (3)(b)(i) It is a separate offense under Subsection (2)(a) for each vulnerable adult included in a photographic or electronic image or recording created, transmitted, or displayed in violation of Subsection (2)(a).
(3)(b)(ii) It is a separate offense under Subsection (2)(b) for each vulnerable adult caused to participate in an act in violation of Subsection (2)(b).
(4) (4)(a) A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits, or displays the photographic or electronic image or recording:
(4)(a)(i) with the consent of the vulnerable adult, if the vulnerable adult:
(4)(a)(i)(A) is mentally and physically able to give voluntary consent to the creation, transmission, or display; and
(4)(a)(i)(B) gives voluntary consent for the creation, transmission, or display;
(4)(a)(ii) for a legitimate purpose relating to monitoring or providing care, treatment, or diagnosis; or
(4)(a)(iii) for a legitimate purpose relating to investigating abuse, neglect, or exploitation.
(4)(b) A caretaker does not violate Subsection (2)(b) if:
(4)(b)(i) the vulnerable adult:
(4)(b)(i)(A) is mentally and physically able to give voluntary consent to participate in the act; and
(4)(b)(i)(B) gives voluntary consent to participate in the act; or
(4)(b)(ii) the caretaker causes the vulnerable adult to participate in the act for a legitimate purpose relating to:
(4)(b)(ii)(A) monitoring or providing care, treatment, or diagnosis; or
(4)(b)(ii)(B) investigating abuse, neglect, or exploitation.
(5) (5)(a) It is not a defense that the vulnerable adult was unaware of:
(5)(a)(i) the creation, transmission, or display prohibited under Subsection (2)(a); or
(5)(a)(ii) participation in the act, or the nature of participation in the act, under Subsection (2)(b).
(5)(b) It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult.