Terms Used In Utah Code > Title 76 > Chapter 5b > Part 1 - General Provisions

• Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Child sexual abuse material: means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image, picture, or video, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
       (1)(a) the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct;
       (1)(b) the visual depiction is:

            (1)(b)(i) of a minor engaging in sexually explicit conduct; or

            (1)(b)(ii) artificially generated and depicts an individual with substantial characteristics of a minor engaging in sexually explicit conduct; or
       (1)(c) the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. See Utah Code 76-5b-103
• Conduct: means an act or omission. 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
• 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
• Identifiable minor: means an individual:
       (3)(a)

            (3)(a)(i) who was a minor at the time the visual depiction was created, adapted, or modified; or

            (3)(a)(ii) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
       (3)(b) who is recognizable as an actual individual by the individual's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature. See Utah Code 76-5b-103
• Identifiable vulnerable adult: means an individual:
       (4)(a)

            (4)(a)(i) who was a vulnerable adult at the time the visual depiction was created, adapted, or modified; or

            (4)(a)(ii) whose image as a vulnerable adult was used in creating, adapting, or modifying the visual depiction; and
       (4)(b) who is recognizable as an actual individual by the individual's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature. See Utah Code 76-5b-103
• Lacks capacity to consent: means the same as that term is defined in Section Utah Code 76-5b-103
• Live performance: means any act, play, dance, pantomime, song, or other activity performed by live actors in person. See Utah Code 76-5b-103
• Minor: means an individual who is younger than 18 years old. See Utah Code 76-5b-103
• Nudity or partial nudity: means any state of dress or undress in which the human genitals, pubic region, buttocks, or the female breast, at a point below the top of the areola, is less than completely and opaquely covered. See Utah Code 76-5b-103
• Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
• 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
• 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
• 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
• Vulnerable adult: means the same as that term is defined in Subsection 76-5-111(1). See Utah Code 76-5b-103
• Vulnerable adult sexual abuse material: means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
       (13)(a) the production of the visual depiction involves the use of a vulnerable adult engaging in sexually explicit conduct;
       (13)(b) the visual depiction is of a vulnerable adult engaging in sexually explicit conduct; or
       (13)(c) the visual depiction has been created, adapted, or modified to appear that an identifiable vulnerable adult is engaging in sexually explicit conduct. See Utah Code 76-5b-103