Utah § 5b-202 - Sexual exploitation of a vulnerable adult -- Offenses.
Full text of Utah Utah Code § 5b-202 — Sexual exploitation of a vulnerable adult -- Offenses., with citation guidance and answers to common questions.
§ 5b-202. Sexual exploitation of a vulnerable adult -- Offenses.
Effective 5/3/2023 76-5b-202.
Sexual exploitation of a vulnerable adult -- Offenses.
(1)
Terms defined in Section 76-1-101.5 apply to this section.
(2)
An actor commits sexual exploitation of a vulnerable adult if the actor:
(a)
(i)
(A)
knowingly produces, possesses, or possesses with intent to distribute material that the actor knows is vulnerable adult sexual abuse material; or
(B)
intentionally distributes or views material that the actor knows is vulnerable adult sexual abuse material; and
(ii)
the vulnerable adult who appears in, or is depicted in, the vulnerable adult sexual abuse material lacks capacity to consent to the conduct described in Subsection (2)(a); or
(b)
is a vulnerable adult's legal guardian and knowingly consents to, or permits the vulnerable adult to be, sexually exploited as described in Subsection (2)(a).
(3)
(a)
A violation of Subsection (2) is a third degree felony.
(b)
It is a separate offense under this section:
(i)
for each vulnerable adult depicted in the vulnerable adult sexual abuse material; and
(ii)
for each time the same vulnerable adult is depicted in different vulnerable adult sexual abuse material.
(4)
It is an affirmative defense to a charge of violating this section that no vulnerable adult was actually depicted in the visual depiction or used in producing or advertising the visual depiction.
(5)
In proving a violation of this section in relation to an identifiable vulnerable adult, proof of the actual identity of the identifiable vulnerable adult is not required.
(6)
This section may not be construed to impose criminal or civil liability on:
(a)
any 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 any federal or state law; or
(ii)
implementing a policy of attempting to prevent the presence of vulnerable adult sexual abuse material on any tangible or intangible property, or of detecting and reporting the presence of vulnerable adult sexual abuse material on the property; or
(b)
any law enforcement officer acting within the scope of a criminal investigation.
Section 5b-202 ("Sexual exploitation of a vulnerable adult -- Offenses.") 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-202?
A common citation format is "Utah Code § 5b-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 § 5b-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.
