Utah criminal charge
Distributing pornographic material in Utah
Distributing pornographic material is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5c-202. 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-202.
What is the penalty for distributing pornographic material in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Distributing pornographic material — adult actor — Applies when the actor is 18 years old or older, subject to mandatory minimum fine and jail term, unless Subsection (3)(b) or (c) applies.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Distributing pornographic material — adult actor — Applies when the actor is 18 years old or older, subject to mandatory minimum fine and jail term, unless Subsection (3)(b) or (c) applies.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Distributing pornographic material — actor 16 or 17 — Applies when the actor is 16 or 17 years old, unless Subsection (3)(c) applies.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Distributing pornographic material — actor 16 or 17 — Applies when the actor is 16 or 17 years old, unless Subsection (3)(c) applies.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 6 months (Distributing pornographic material — actor younger than 16 — Applies when the actor is younger than 16 years old.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Distributing pornographic material — actor younger than 16 — Applies when the actor is younger than 16 years old.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is distributing pornographic material classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Distributing pornographic material — adult actor | Third Degree Felony | Applies when the actor is 18 years old or older, subject to mandatory minimum fine and jail term, unless Subsection (3)(b) or (c) applies. | Utah Code Ann. § 76-5c-202(3)(a) |
| Distributing pornographic material — actor 16 or 17 | Class A Misdemeanor | Applies when the actor is 16 or 17 years old, unless Subsection (3)(c) applies. | Utah Code Ann. § 76-5c-202(3)(b) |
| Distributing pornographic material — actor younger than 16 | Class B Misdemeanor | Applies when the actor is younger than 16 years old. | Utah Code Ann. § 76-5c-202(3)(c) |
Common questions about distributing pornographic material in Utah
Is distributing pornographic material a felony or a misdemeanor in Utah?
It depends on the circumstances: distributing pornographic material ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-5c-202.
Distributing pornographic material — adult actor: Third Degree Felony (Utah Code Ann. § 76-5c-202(3)(a)) · Distributing pornographic material — actor 16 or 17: Class A Misdemeanor (Utah Code Ann. § 76-5c-202(3)(b)) · Distributing pornographic material — actor younger than 16: Class B Misdemeanor (Utah Code Ann. § 76-5c-202(3)(c))
What are the penalties for distributing pornographic material in Utah?
Which Utah statute covers distributing pornographic material?
Distributing pornographic material is governed by Utah Code Ann. § 76-5c-202 (Distributing pornographic material).
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.