(1)Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-201 apply to this section.
(2)An actor commits aiding or abetting a minor in distributing pornographic material if the actor:
(2)(a) is 18 years old or older; and
(2)(b) knowingly solicits, requests, commands, encourages, or intentionally aids a minor in:
(2)(b)(i) sending or bringing pornographic material into the state with intent to distribute or exhibit the pornographic material to another individual;
(2)(b)(ii) preparing, publishing, printing, or possessing pornographic material with intent to distribute or exhibit the pornographic material to another individual;
(2)(b)(iii) distributing or offering to distribute, or exhibiting or offering to exhibit, pornographic material to another individual;
(2)(b)(iv) writing, creati
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(1) Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-201 apply to this section.
(2) An actor commits aiding or abetting a minor in distributing pornographic material if the actor:
(2)(a) is 18 years old or older; and
(2)(b) knowingly solicits, requests, commands, encourages, or intentionally aids a minor in:
(2)(b)(i) sending or bringing pornographic material into the state with intent to distribute or exhibit the pornographic material to another individual;
(2)(b)(ii) preparing, publishing, printing, or possessing pornographic material with intent to distribute or exhibit the pornographic material to another individual;
(2)(b)(iii) distributing or offering to distribute, or exhibiting or offering to exhibit, pornographic material to another individual;
(2)(b)(iv) writing, creating, or soliciting the publication or advertising of pornographic material;
(2)(b)(v) promoting the distribution or exhibition of material the minor represents to be pornographic; or
(2)(b)(vi) presenting or directing 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) A violation of Subsection (2) is a third degree felony subject to:
(3)(a) 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)(b) incarceration, without suspension of sentence in any way, for a term of not less than 30 days.
(4) (4)(a) Each act of distributing pornographic material described in Subsection (2) is a separate offense.
(4)(b) It is a separate offense under this section for:
(4)(b)(i) each day's exhibition of any pornographic motion picture film; and
(4)(b)(ii) each day in which any pornographic publication is displayed or exhibited in a public place with intent to distribute or exhibit the publication to another individual.
(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) supersedes Section 77-18-105.