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Current as of January 01, 2025 | Updated by Findlaw Staff
(1)(a) As used in this section:
(i) “Criminal action” means the same as that term is defined in Section 77-1-3.
(ii) “Intimate image” means the same as that term is defined in Section 76-5b-203.
(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:
(a) obtains access to an intimate image in the course of a criminal action; and
(b) intentionally displays, duplicates, copies, or shares the intimate image, unless:
(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;
(ii) each individual who is the subject of the intimate image gives written permission to display, duplicate, copy, or share the intimate image; or
(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:
(a) a class A misdemeanor for a first offense; or
(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.
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-5b-203.5. Misuse of intimate image during a criminal action - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-5b-203-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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