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76-5a-3. Sexual exploitation of a minor -- Offenses.
(1) A person is guilty of sexual exploitation of a minor:
(a) when the person knowingly produces, distributes, possesses, or possesses with intent to distribute, child pornography; or
(b) if the person is
a minor's parent or legal guardian and knowingly consents to or permits that minor to be sexually exploited under Subsection
(1)(a).
(2) Sexual exploitation of a minor is a felony of the second degree.
(3) It is a separate offense under this section:
(a) for each
minor depicted, and if more than one minor is depicted in the child pornography in violation of this section, the depiction of each individual
minor in the child pornography is a separate offense; and
(b) each time the same minor is depicted in different child pornography.
(4) It is an affirmative
defense to a charge of violating this section that no person under 18 years of age was actually depicted in the visual depiction
or used in producing or advertising the visual depiction.
76-4-401. Enticing a minor over the Internet -- Elements -- Penalties.
(1) A person commits enticement of a minor over the Internet when, not amounting to an attempt,
conspiracy, or solicitation under Section 76-4-101, 76-4-201, or 76-4-203,
the person knowingly uses a computer to solicit, seduce, lure, or entice, or attempt to solicit, seduce, lure, or entice a
minor or a person the defendant believes to be a minor to engage in any sexual activity which is a violation of state criminal
law.
(2) It is not a defense to the crime of enticing a minor under Subsection (1), or an attempt
to commit this offense, that a law enforcement officer or an undercover operative who is working with a law enforcement agency
was involved in the detection or investigation of the offense.
(3) An enticement of a minor
under Subsection (1) with the intent to commit:
(a) a first degree felony is a second degree
felony;
(b) a second degree felony is a third degree felony;
(c)
a third degree felony is a class A misdemeanor;
(d) a class A misdemeanor is a class B misdemeanor;
and
(e) a class B misdemeanor is a class C misdemeanor.
Enacted by Chapter 353, 2001 General
Session
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