Utah Code 76-5b-203.5. Misuse of intimate image during a criminal action
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 76-5b-203.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
(1)(a) As used in this section:
(1)(a)(i) “Criminal action” means the same as that term is defined in Section 77-1-3.
(1)(a)(ii) “Intimate image” means the same as that term is defined in Section 76-5b-203.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits misuse of an intimate image during a criminal action if the actor:
(2)(a) obtains access to an intimate image in the course of a criminal action; and
(2)(b) intentionally displays, duplicates, copies, or shares the intimate image, unless:
(2)(b)(i) displaying, duplicating, copying, or sharing the intimate image is done solely for the purpose of the adjudication, defense, prosecution or investigation of a criminal matter involving the intimate image;
(2)(b)(ii) each individual who is the subject of the intimate image gives written permission to display, duplicate, copy, or share the intimate image; or
(2)(b)(iii) the intimate image was not created by or provided to the actor under circumstances in which the depicted individual has a reasonable expectation of privacy.
(3) A violation of Subsection (2) is:
(3)(a) a class A misdemeanor for a first offense; or
(3)(b) a third degree felony for each subsequent offense.
(4) Nothing in this section precludes an agency that employs an individual who is involved in a criminal action from establishing internal policies for an individual’s violation of this section.