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H.B. 304
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PENALTY FOR EXPOSING MINORS TO
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SEXUALLY EXPLICIT MEDIA
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David L. Hogue
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This act modifies the Criminal Code by including, as an offense of dealing harmful material
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to minors, the act of intentionally, knowingly, or recklessly allowing minors access to movies
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containing material harmful to minors, if the minor is not accompanied by an adult.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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76-10-1206, as last amended by Chapter 53, Laws of Utah 2000
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-10-1206
is amended to read:
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76-10-1206. Dealing in material harmful to a minor.
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(1) A person is guilty of dealing in material harmful to minors when, knowing that a
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person is a minor, or having failed to exercise reasonable care in ascertaining the [proper] age of
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a minor, he:
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(a) intentionally distributes or offers to distribute, exhibits or offers to exhibit to a minor
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any material harmful to minors;
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(b) intentionally produces, presents, or directs any performance before a minor, that is
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harmful to minors; [or]
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(c) intentionally participates in any performance before a minor, that is harmful to
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minors[.]; or
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(d) intentionally, knowingly, or recklessly allows a minor not accompanied by an adult to
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have access to viewing a movie containing material harmful to minors, or fails to take reasonable
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measures, in context of the facility where the movie is being shown, to prevent a minor not
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accompanied by an adult from having access to viewing a movie containing material harmful to
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minors, and:
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(i) the person is the owner or operator of the facility where the movie is being exhibited;
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(ii) the movie is being exhibited at a public place as defined in Section
76-10-1216
; and
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(iii) the movie is being exhibited for profit.
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(2) Each separate offense under this section is a third degree felony punishable by a
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minimum mandatory fine of not less than $300 plus $10 for each article exhibited up to the
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maximum allowed by law and by incarceration, without suspension of sentence in any way, for a
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term of not less than 14 days. This section supersedes Section
77-18-1
.
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(3) If a defendant has already been convicted once under this section, each separate further
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offense is a second degree felony punishable by a minimum mandatory fine of not less than $5,000
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plus $10 for each article exhibited up to the maximum allowed by law and by incarceration,
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without suspension of sentence in any way, for a term of not less than one year. This section
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supersedes Section
77-18-1
.
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(4) As used in this section, "adult" means a person 21 years of age or older.
Legislative Review Note
as of 2-16-01 2:50 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.