Utah criminal charge
Distributing material harmful to minors in Utah
Distributing material harmful to minors is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5c-205. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-5c-205.
How is distributing material harmful to minors classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Second degree felony — repeat offender adult | Second Degree Felony | The actor is 18 years old or older and has previously been convicted or adjudicated of a violation of Subsection (2), except as provided in Subsection (3)(b)(iii). | Utah Code Ann. § 76-5c-205(3)(a) |
| Class A misdemeanor — close-in-age adult, no prior | Class A Misdemeanor | The actor is 18 or older and the minor (or believed minor) is 16 or older and less than seven years younger than the actor, except as provided in Subsection (3)(b)(iii). | Utah Code Ann. § 76-5c-205(3)(c) |
| Class A misdemeanor — actor 16 or 17 years old | Class A Misdemeanor | The actor is 16 or 17 years old, except as provided in Subsection (3)(b)(ii). | Utah Code Ann. § 76-5c-205(3)(d) |
| Class B misdemeanor — actor under 16 | Class B Misdemeanor | The actor is younger than 16 years old, except as provided in Subsection (3)(b)(ii). | Utah Code Ann. § 76-5c-205(3)(e) |
Common questions about distributing material harmful to minors in Utah
Is distributing material harmful to minors a felony or a misdemeanor in Utah?
It depends on the circumstances: distributing material harmful to minors ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-5c-205.
Second degree felony — repeat offender adult: Second Degree Felony (Utah Code Ann. § 76-5c-205(3)(a)) · Class A misdemeanor — close-in-age adult, no prior: Class A Misdemeanor (Utah Code Ann. § 76-5c-205(3)(c)) · Class A misdemeanor — actor 16 or 17 years old: Class A Misdemeanor (Utah Code Ann. § 76-5c-205(3)(d)) · Class B misdemeanor — actor under 16: Class B Misdemeanor (Utah Code Ann. § 76-5c-205(3)(e))
Which Utah statute covers distributing material harmful to minors?
Distributing material harmful to minors is governed by Utah Code Ann. § 76-5c-205 (Distributing material harmful to minors).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.