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Utah Code Title 76. Utah Criminal Code § 76-5-111.3. Personal dignity exploitation of a vulnerable adult--Penalties

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) As used in this section, “abuse,” “caretaker,” “exploitation,” “neglect,” and “vulnerable adult” all mean the same as those terms are defined in Section 76-5-111.

(b) Terms defined in Section 76-1-101.5 apply to this section.

(2) Except as provided in Subsection (4), an actor commits personal dignity exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and intentionally, knowingly, or recklessly:

(a) creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult:

(i) to which creation, transmission, or display a reasonable person would not consent; and

(ii)(A) that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or pubic area;

(B) that displays the clothed area of only the vulnerable adult's breasts, buttocks, anus, genitals, or pubic area; or

(C) that shows the vulnerable adult engaged in conduct that is harmful to the mental or physical health or safety of the vulnerable adult; or

(b) causes the vulnerable adult to participate in an act that is highly offensive or demeaning to the vulnerable adult:

(i) in which a reasonable person would not participate; or

(ii) that is harmful to the mental or physical health or safety of the vulnerable adult.

(3)(a)(i) A violation of Subsection (2) is a class A misdemeanor if done intentionally or knowingly.

(ii) A violation of Subsection (2) is a class B misdemeanor if done recklessly.

(b)(i) It is a separate offense under Subsection (2)(a) for each vulnerable adult included in a photographic or electronic image or recording created, transmitted, or displayed in violation of Subsection (2)(a).

(ii) It is a separate offense under Subsection (2)(b) for each vulnerable adult caused to participate in an act in violation of Subsection (2)(b).

(4)(a) A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits, or displays the photographic or electronic image or recording:

(i) with the consent of the vulnerable adult, if the vulnerable adult:

(A) is mentally and physically able to give voluntary consent to the creation, transmission, or display; and

(B) gives voluntary consent for the creation, transmission, or display;

(ii) for a legitimate purpose relating to monitoring or providing care, treatment, or diagnosis; or

(iii) for a legitimate purpose relating to investigating abuse, neglect, or exploitation.

(b) A caretaker does not violate Subsection (2)(b) if:

(i) the vulnerable adult:

(A) is mentally and physically able to give voluntary consent to participate in the act; and

(B) gives voluntary consent to participate in the act; or

(ii) the caretaker causes the vulnerable adult to participate in the act for a legitimate purpose relating to:

(A) monitoring or providing care, treatment, or diagnosis; or

(B) investigating abuse, neglect, or exploitation.

(5)(a) It is not a defense that the vulnerable adult was unaware of:

(i) the creation, transmission, or display prohibited under Subsection (2)(a); or

(ii) participation in the act, or the nature of participation in the act, under Subsection (2)(b).

(b) It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult.

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Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-5-111.3. Personal dignity exploitation of a vulnerable adult--Penalties - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-5-111-3/

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