Utah Code 76-5b-204. Sexual extortion — Penalties

(1)

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
first degree felony	5 years to life	up to $10,000
class A misdemeanor	up to 364 days	up to $2,500

For details, see Utah Code § 76-3-203 and Utah Code § 76-3-204

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 76-5b-204

Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
Conduct: means an act or omission. See Utah Code 76-1-101.5
Dangerous weapon: means :
     (7)(a) any item capable of causing death or serious bodily injury; or
     (7)(b) a facsimile or representation of the item, if:
          (7)(b)(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or
          (7)(b)(ii) the actor represents to the victim verbally or in any other manner that the actor is in control of such an item. See Utah Code 76-1-101.5
Distribute: means , with or without consideration, to sell, exhibit, display, provide, give, grant admission to, provide access to, or otherwise transfer. See Utah Code 76-5b-103
Fraud: Intentional deception resulting in injury to another.
Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
Produce: means :
(9)(a) the photographing, filming, taping, directing, producing, creating, designing, or composing of child sexual abuse material or vulnerable adult sexual abuse material; or
(9)(b) the securing or hiring of individuals to engage in the photographing, filming, taping, directing, producing, creating, designing, or composing of child sexual abuse material or vulnerable adult sexual abuse material. See Utah Code 76-5b-103
Property: includes both real and personal property. See Utah Code 68-3-12.5
Sexually explicit conduct: means actual or simulated:
     (10)(a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between individuals of the same or opposite sex;
     (10)(b) masturbation;
     (10)(c) bestiality;
     (10)(d) sadistic or masochistic activities;
     (10)(e) lascivious exhibition of the genitals, pubic region, buttocks, or female breast of any individual;
     (10)(f) the visual depiction of nudity or partial nudity for the purpose of causing sexual arousal of any individual;
     (10)(g) the fondling or touching of the genitals, pubic region, buttocks, or female breast; or
     (10)(h) the explicit representation of the defecation or urination functions. See Utah Code 76-5b-103
Simulated sexually explicit conduct: means a feigned or pretended act of sexually explicit conduct which duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct. See Utah Code 76-5b-103
Vulnerable adult: means the same as that term is defined in Subsection 76-5-111(1). See Utah Code 76-5b-103

(1)(a) As used in this section:

(1)(a)(i) “Adult” means an individual 18 years old or older.

(1)(a)(ii) “Child” means any individual under the age of 18.

(1)(a)(iii) “Intimate image” means the same as that term is defined in Section 76-5b-203.

(1)(a)(iv) “Position of special trust” means the same as that term is defined in Section 76-5-404.1.

(1)(a)(v) “Sexually explicit conduct” means the same as that term is defined in Section 76-5b-203.

(1)(a)(vi) “Simulated sexually explicit conduct” 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)

(2)(a) An actor commits the offense of sexual extortion if the actor:

(2)(a)(i) with an intent to coerce a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an image, video, or other recording of any individual naked or engaged in sexually explicit conduct, communicates by any means a threat:

(2)(a)(i)(A) to the victim’s person, property, or reputation; or

(2)(a)(i)(B) to distribute an intimate image or video of the victim;

(2)(a)(ii) knowingly causes a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any image, video, or other recording of any individual naked or engaged in sexually explicit conduct by means of a threat:

(2)(a)(ii)(A) to the victim’s person, property, or reputation; or

(2)(a)(ii)(B) to distribute an intimate image or video of the victim; or

(2)(a)(iii) with intent to obtain a thing of value from a victim communicates, by any means, a threat to distribute an intimate image or video of the victim.

(2)(b) An actor commits aggravated sexual extortion when, in conjunction with the offense described in Subsection (2)(a), any of the following circumstances have been charged and admitted or found true in the action for the offense:

(2)(b)(i) the victim is a child or vulnerable adult;

(2)(b)(ii) the offense was committed by the use of a dangerous weapon or by violence, intimidation, menace, fraud, or threat of physical harm, or was committed during the course of a kidnapping;

(2)(b)(iii) the actor caused bodily injury or severe psychological injury to the victim during or as a result of the offense;

(2)(b)(iv) the actor was a stranger to the victim or became a friend of the victim for the purpose of committing the offense;

(2)(b)(v) the actor, before sentencing for the offense, was previously convicted of any sexual offense;

(2)(b)(vi) the actor occupied a position of special trust in relation to the victim;

(2)(b)(vii) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or sexual acts by the victim with any other individual, or sexual performance by the victim before any other individual, human trafficking, or human smuggling; or

(2)(b)(viii) the actor caused the penetration, however slight, of the genital or anal opening of the victim by any part or parts of the human body, or by any other object.

(3)

(3)(a) If the actor is an adult:

(3)(a)(i) A violation of Subsection (2)(a) is a third degree felony.

(3)(a)(ii) A violation of Subsection (2)(b) in which the victim is an adult is a second degree felony.

(3)(a)(iii) A violation of Subsection (2)(b) in which the victim is a child or a vulnerable adult is a first degree felony.

(3)(b) If the actor is a child:

(3)(b)(i) A violation of Subsection (2)(a) is a class A misdemeanor.

(3)(b)(ii) A violation of Subsection (2)(b) is a third degree felony if there is more than a two-year age gap between the actor and the victim.

(3)(c) An actor commits a separate offense under this section:

(3)(c)(i) for each victim the actor subjects to the offense outlined in Subsection (2)(a); and

(3)(c)(ii) for each separate time the actor subjects a victim to the offense outlined Subsection (2)(a).

(3)(d) This section does not preclude an actor from being charged and convicted of a separate criminal act if the actor commits the separate criminal act while the individual violates or attempts to violate this section.

(4) An interactive computer service, as defined in 47 U.S.C. § 230, is not subject to liability under this section related to content provided by a user of the interactive computer service.

Previous section

Next section

Part 2 Contents