An actor commits possession of apparent child sexual abuse material if the actor intentionally or knowingly possesses, views, accesses with intent to view, or maintains access with intent to view apparent child sexual abuse material.
(3)
A violation of Subsection (2) is a second degree felony.
(4)
It is a separate offense under this section:
(a)
for each minor depicted in the apparent child sexual abuse material; and
(b)
for each time the same minor is depicted in different apparent child sexual abuse material.
(5)
For a charge of violating this section, it is an affirmative defense that:
(a)
the defendant:
(i)
is not more than two years older than the minor depicted in the apparent child sexual abuse material; and
(ii)
upon request of a law enforcement officer removes from an electronic device or destroys the apparent child sexual abuse material and all copies of the apparent child sexual abuse material in the defendant's possession; and
(b)
the apparent child sexual abuse material does not depict an offense under Chapter 5, Part 4, Sexual Offenses.
(6)
In proving a violation of this section, proof that the minor depicted in the apparent child sexual abuse material is a real minor that exists is not required.
(7)
The following are not criminally or civilly liable under this section when acting in good faith compliance with Section 77-4-201:
(a)
an entity or an employee, director, officer, or agent of an entity when acting within the scope of employment, for the good faith performance of:
(i)
reporting or data preservation duties required under federal or state law; or
(ii)
implementing a policy of attempting to prevent the presence of apparent child sexual abuse material on tangible or intangible property, or of detecting and reporting the presence of apparent child sexual abuse material on the property;
(b)
a law enforcement officer, a civilian employee of a law enforcement agency, or an independent contractor who is contracted with a law enforcement agency, acting within the scope of a criminal investigation;
(c)
an employee of a court who may be required to view apparent child sexual abuse material during the course of and within the scope of the employee's employment;
(d)
a juror who may be required to view apparent child sexual abuse material during the course of the individual's service as a juror;
(e)
an attorney or employee of an attorney who is required to view apparent child sexual abuse material during the course of a judicial process and while acting within the scope of employment;
(f)
an employee of the Department of Health and Human Services who is required to view apparent child sexual abuse material within the scope of the employee's employment;
(g)
an employee, independent contractor, or designated interviewer of a Children's Justice Center, who is required to view apparent child sexual abuse material within the scope of the employee's, independent contractor's, or designated interviewer's scope of employment or assignment; or
(h)
an attorney who is required to view apparent child sexual abuse material within the scope of the attorney's responsibility to represent the Department of Health and Human Services, including the divisions and offices within the Department of Health and Human Services.
Section 5b-207 ("Possession of apparent child sexual abuse material.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 5b-207?
A common citation format is "Utah Code § 5b-207" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 5b-207 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
