Utah § 76-5-111.3 - Personal dignity exploitation of a vulnerable adult -- Penalties.
Full text of Utah Utah Code § 76-5-111.3 — Personal dignity exploitation of a vulnerable adult -- Penalties., with citation guidance and answers to common questions.
§ 76-5-111.3. Personal dignity exploitation of a vulnerable adult -- Penalties.
Effective 5/4/2022 76-5-111.3.
Personal dignity exploitation of a vulnerable adult -- Penalties.
(1)
(a)
As used in this section, "abuse," "caretaker," "exploitation," "neglect," and "vulnerable adult" all mean the same as those terms are defined in Section 76-5-111.
(b)
Terms defined in Section 76-1-101.5 apply to this section.
(2)
Except as provided in Subsection (4), an actor commits personal dignity exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and intentionally, knowingly, or recklessly:
(a)
creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult:
(i)
to which creation, transmission, or display a reasonable person would not consent; and
(ii)
(A)
that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or pubic area;
(B)
that displays the clothed area of only the vulnerable adult's breasts, buttocks, anus, genitals, or pubic area; or
(C)
that shows the vulnerable adult engaged in conduct that is harmful to the mental or physical health or safety of the vulnerable adult; or
(b)
causes the vulnerable adult to participate in an act that is highly offensive or demeaning to the vulnerable adult:
(i)
in which a reasonable person would not participate; or
(ii)
that is harmful to the mental or physical health or safety of the vulnerable adult.
(3)
(a)
(i)
A violation of Subsection (2) is a class A misdemeanor if done intentionally or knowingly.
(ii)
A violation of Subsection (2) is a class B misdemeanor if done recklessly.
(b)
(i)
It is a separate offense under Subsection (2)(a) for each vulnerable adult included in a photographic or electronic image or recording created, transmitted, or displayed in violation of Subsection (2)(a).
(ii)
It is a separate offense under Subsection (2)(b) for each vulnerable adult caused to participate in an act in violation of Subsection (2)(b).
(4)
(a)
A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits, or displays the photographic or electronic image or recording:
(i)
with the consent of the vulnerable adult, if the vulnerable adult:
(A)
is mentally and physically able to give voluntary consent to the creation, transmission, or display; and
(B)
gives voluntary consent for the creation, transmission, or display;
(ii)
for a legitimate purpose relating to monitoring or providing care, treatment, or diagnosis; or
(iii)
for a legitimate purpose relating to investigating abuse, neglect, or exploitation.
(b)
A caretaker does not violate Subsection (2)(b) if:
(i)
the vulnerable adult:
(A)
is mentally and physically able to give voluntary consent to participate in the act; and
(B)
gives voluntary consent to participate in the act; or
(ii)
the caretaker causes the vulnerable adult to participate in the act for a legitimate purpose relating to:
(A)
monitoring or providing care, treatment, or diagnosis; or
(B)
investigating abuse, neglect, or exploitation.
(5)
(a)
It is not a defense that the vulnerable adult was unaware of:
(i)
the creation, transmission, or display prohibited under Subsection (2)(a); or
(ii)
participation in the act, or the nature of participation in the act, under Subsection (2)(b).
(b)
It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult.
Frequently Asked Questions About Utah § 76-5-111.3
What does Utah Code § 76-5-111.3 cover?
Section 76-5-111.3 ("Personal dignity exploitation of a vulnerable adult -- Penalties.") 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 § 76-5-111.3?
A common citation format is "Utah Code § 76-5-111.3" (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 § 76-5-111.3 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.
