Utah statute
Utah Code Ann. § 76-5c-202 — Distributing pornographic material.
Current through 2026 General Session
Part of Part 2: General Offenses, Utah Code.
Criminal charges under this statute
Full text of Utah Code Ann. § 76-5c-202
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.
(1) Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-201 apply to this section. (2) An actor commits distributing pornographic material if the actor knowingly: (2)(a) sends or brings pornographic material into the state with intent to distribute or exhibit the pornographic material to another individual; (2)(b) prepares, publishes, prints, or possesses pornographic material with intent to distribute or exhibit the pornographic material to another individual; (2)(c) distributes or offers to distribute, or exhibits or offers to exhibit, pornographic material to another individual; (2)(d) writes, creates, or solicits the publication or advertising of pornographic material; (2)(e) promotes the distribution or exhibition of material the actor represents to be pornographic; or (2)(f) presents or directs 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) Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a third degree felony if the actor is 18 years old or older and is subject to: (3)(a)(i) 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)(a)(ii) incarceration, without suspension of sentence in any way, for a term of not less than 30 days. (3)(b) Except as provided in Subsection (3)(c), a violation of Subsection (2) is a class A misdemeanor if the actor is 16 or 17 years old. (3)(c) A violation of Subsection (2) is a class B misdemeanor if the actor is younger than 16 years old. (4) It is a separate offense under this section for: (4)(a) each day's exhibition of a pornographic motion picture film; (4)(b) each day in which a pornographic publication is displayed or exhibited in a public place with intent to distribute or exhibit the publication to another individual; or (4)(c) each act of distributing of pornographic material described in Subsection (2). (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)(a) supersedes Section 77-18-105.
Official sources
Legal terms used in this section
Questions this section answers
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))
Which Utah statute covers distributing pornographic material?
Distributing pornographic material is governed by Utah Code Ann. § 76-5c-202 (Distributing pornographic material).
This reference is informational and is not legal advice.