Full text of Utah Utah Code § 5c-202 — Distributing pornographic material., with citation guidance and answers to common questions.
§ 5c-202. Distributing pornographic material.
Effective 5/7/2025
76-5c-202.
Distributing pornographic material.
| (2) | An actor commits distributing pornographic material if the actor knowingly:
| (a) | sends or brings pornographic material into the state with intent to distribute or exhibit the pornographic material to another individual; |
| (b) | prepares, publishes, prints, or possesses pornographic material with intent to distribute or exhibit the pornographic material to another individual; |
| (c) | distributes or offers to distribute, or exhibits or offers to exhibit, pornographic material to another individual; |
| (d) | writes, creates, or solicits the publication or advertising of pornographic material; |
| (e) | promotes the distribution or exhibition of material the actor represents to be pornographic; or |
| (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. |
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| (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:
| (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 |
| (ii) | incarceration, without suspension of sentence in any way, for a term of not less than 30 days. |
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| (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. |
| (c) | A violation of Subsection (2) is a class B misdemeanor if the actor is younger than 16 years old. |
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| (4) | It is a separate offense under this section for:
| (a) | each day's exhibition of a pornographic motion picture film; |
| (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 |
| (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:
| (i) | the distribution of pornographic material by the Internet service provider occurs only incidentally through the Internet service provider's function of:
| (A) | transmitting or routing data from one person to another person; or |
| (B) | providing a connection between one person and another person; |
|
| (ii) | the Internet service provider does not intentionally aid or abet in the distribution of the pornographic material; and |
| (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. |
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| (b) | This section does not apply to a hosting company if:
| (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; |
| (ii) | the hosting company does not intentionally engage, aid, or abet in the distribution of the pornographic material; and |
| (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. |
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| (6) | Subsection (3)(a) supersedes Section 77-18-105. |
Renumbered and Amended by Chapter
173, 2025 General Session
Frequently Asked Questions About Utah § 5c-202
What does Utah Code § 5c-202 cover?
Section 5c-202 ("Distributing pornographic 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 § 5c-202?
A common citation format is "Utah Code § 5c-202" (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 § 5c-202 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.
