Utah statute

Utah Code Ann. § 76-5b-203.5 — Misuse of intimate image during a criminal action.

Current through 2026 General Session

Part of Part 2: Sexual Exploitation, Utah Code.

Criminal charges under this statute

Misuse of intimate image during a criminal action

Full text of Utah Code Ann. § 76-5b-203.5

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-5b-203.5Primary source, current through the 2026 General Session

(1)(a) As used in this section: (1)(a)(i) "Criminal action" means the same as that term is defined in Section 77-1-3. (1)(a)(ii) "Intimate image" means the same as that term is defined in Section 76-5b-203. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits misuse of an intimate image during a criminal action if the actor: (2)(a) obtains access to an intimate image in the course of a criminal action; and (2)(b) intentionally displays, duplicates, copies, or shares the intimate image, unless: (2)(b)(i) displaying, duplicating, copying, or sharing the intimate image is done solely for the purpose of the adjudication, defense, prosecution or investigation of a criminal matter involving the intimate image; (2)(b)(ii) each individual who is the subject of the intimate image gives written permission to display, duplicate, copy, or share the intimate image; or (2)(b)(iii) the intimate image was not created by or provided to the actor under circumstances in which the depicted individual has a reasonable expectation of privacy. (3) A violation of Subsection (2) is: (3)(a) a class A misdemeanor for a first offense; or (3)(b) a third degree felony for each subsequent offense. (4) Nothing in this section precludes an agency that employs an individual who is involved in a criminal action from establishing internal policies for an individual's violation of this section.

Official sources

Legal terms used in this section

Questions this section answers

Is misuse of intimate image during a criminal action a felony or a misdemeanor in Utah?

It depends on the circumstances: misuse of intimate image during a criminal action ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-5b-203.5.

First offense: Class A Misdemeanor (Utah Code Ann. § 76-5b-203.5(3)(a)) · Subsequent offense: Third Degree Felony (Utah Code Ann. § 76-5b-203.5(3)(b))

Which Utah statute covers misuse of intimate image during a criminal action?

Misuse of intimate image during a criminal action is governed by Utah Code Ann. § 76-5b-203.5 (Misuse of intimate image during a criminal action).

This reference is informational and is not legal advice.