Utah Code 76-10-1227. Indecent public displays — Definitions
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(1) For purposes of this section and Section 76-10-1228 :
Terms Used In Utah Code 76-10-1227
- Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) “Description or depiction of illicit sex or sexual immorality” means:(1)(a)(i) human genitals in a state of sexual stimulation or arousal;(1)(a)(ii) acts of human masturbation, sexual intercourse, or sodomy;(1)(a)(iii) fondling or other erotic touching of human genitals or pubic region; or(1)(a)(iv) fondling or other erotic touching of the human buttock or female breast.(1)(b) “Nude or partially denuded figure” means:(1)(b)(i) less than completely and opaquely covering human:(1)(b)(i)(A) genitals;(1)(b)(i)(B) pubic regions;(1)(b)(i)(C) buttock; and(1)(b)(i)(D) female breast below a point immediately above the top of the areola; and(1)(b)(ii) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(2)
(2)(a) Subject to Subsection (2)(c) , this section and Section 76-10-1228 do not apply to any material which, when taken as a whole, has serious value for minors.
(2)(b) As used in Subsection (2)(a) , “serious value” means having serious literary, artistic, political, or scientific value for minors, taking into consideration the ages of all minors who could be exposed to the material.
(2)(c) A description or depiction of illicit sex or sexual immorality as defined in Subsection (1)(a)(i) , (ii) , or (iii) has no serious value for minors.