§ 76-5c-202 — Distributing pornographic material.

(1) Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-201 apply to this section.
(2) An actor commits distributing pornographic material if the actor knowingly:
(2)(a) sends or brings pornographic material into the state with intent to distribute or exhibit the pornographic material to another individual;
(2)(b) prepares, publishes, prints, or possesses pornographic material with intent to distribute or exhibit the pornographic material to another individual;
(2)(c) distributes or offers to distribute, or exhibits or offers to exhibit, pornographic material to another individual;
(2)(d) writes, creates, or solicits the publication or advertising of pornographic material;
(2)(e) promotes the distribution or exhibition of material the actor represents to be pornographic; or
(2)(f) presents or directs a pornographic performance in a public place or a place exposed to public view or participates in that portion of the performance which makes the performance pornographic.
(3) (3)(a) Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a third degree felony if the actor is 18 years old or older and is subject to:
(3)(a)(i) a minimum mandatory fine of not less than $1,000, plus $10 for each article exhibited up to the maximum allowed by law; and
(3)(a)(ii) incarceration, without suspension of sentence in any way, for a term of not less than 30 days.
(3)(b) Except as provided in Subsection (3)(c), a violation of Subsection (2) is a class A misdemeanor if the actor is 16 or 17 years old.
(3)(c) A violation of Subsection (2) is a class B misdemeanor if the actor is younger than 16 years old.
(4) It is a separate offense under this section for:
(4)(a) each day's exhibition of a pornographic motion picture film;
(4)(b) each day in which a pornographic publication is displayed or exhibited in a public place with intent to distribute or exhibit the publication to another individual; or
(4)(c) each act of distributing of pornographic material described in Subsection (2).
(5) (5)(a) This section does not apply to an Internet service provider if:
(5)(a)(i) the distribution of pornographic material by the Internet service provider occurs only incidentally through the Internet service provider's function of:
(5)(a)(i)(A) transmitting or routing data from one person to another person; or
(5)(a)(i)(B) providing a connection between one person and another person;
(5)(a)(ii) the Internet service provider does not intentionally aid or abet in the distribution of the pornographic material; and
(5)(a)(iii) the Internet service provider does not knowingly receive funds from or through a person who distributes the pornographic material in exchange for permitting the person to distribute the pornographic material.
(5)(b) This section does not apply to a hosting company if:
(5)(b)(i) the distribution of pornographic material by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person;
(5)(b)(ii) the hosting company does not intentionally engage, aid, or abet in the distribution of the pornographic material; and
(5)(b)(iii) the hosting company does not knowingly receive funds from or through a person who distributes the pornographic material in exchange for permitting the person to distribute, store, or cache the pornographic material.
(6) Subsection (3)(a) supersedes Section 77-18-105.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session