Elements

76-5b-202.  Sexual exploitation of a vulnerable adult -- Offenses. 

(1)A person is guilty of sexual exploitation of a vulnerable adult if the person:(a)(i)

(A)knowingly produces, possesses, or possesses with intent to distribute material that the person knows is vulnerable adult pornography; or

(B)intentionally distributes or views material that the person knows is vulnerable adult pornography; and

(ii)the vulnerable adult who appears in, or is depicted in, the vulnerable adult pornography lacks capacity to consent to the conduct described in Subsection (1)(a); or

(b)is a vulnerable adult's legal guardian and knowingly consents to, or permits the vulnerable adult to be, sexually exploited as described in Subsection (1)(a).

(2)Sexual exploitation of a vulnerable adult is a third degree felony.

(3)It is a separate offense under this section:

(a)for each vulnerable adult depicted in the vulnerable adult pornography; and

(b)for each time the same vulnerable adult is depicted in different vulnerable adult pornography.

(4)It is an affirmative defense to a charge of violating this section that no vulnerable adult was actually depicted in the visual depiction or used in producing or advertising the visual depiction.

(5)In proving a violation of this section in relation to an identifiable vulnerable adult, proof of the actual identity of the identifiable vulnerable adult is not required.

(6)This section may not be construed to impose criminal or civil liability on:(a)any entity or an employee, director, officer, or agent of an entity, when acting within the scope of employment, for the good faith performance of:

(i)reporting or data preservation duties required under any federal or state law; or

(ii)implementing a policy of attempting to prevent the presence of vulnerable adult pornography on any tangible or intangible property, or of detecting and reporting the presence of vulnerable adult pornography on the property; or

(b)any law enforcement officer acting within the scope of a criminal investigation.

DNA Specimen

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Removal from Sex Offender Registry in 5 Years

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There is a possibility of removal from the sex offender registry within 5 years of the termination of the sentence (the end of probation) under the following conditions:

The offender was convicted of:

(1) Kidnapping, and the conviction is the only conviction for which the offender is required to register;

(2) Unlawful Detention, and the conviction is the only conviction for which the offender is required to register;

(3) Unlawful sexual activity with a minor and, at the time of the offense, was not more than 10 years older than the victim; or

(4) Unlawful sexual conduct with a 16 or 17 year old, and at the time of the offense, was not more than 15 years older than the victim;

Requirements:

(b)five years have passed since the completion of the offender's sentence;

(c)the offender has successfully completed all treatment ordered by the court;

(i)the offender has not been convicted of any other crime, excluding traffic offenses, as evidenced by a certificate of eligibility issued by the bureau;

(ii) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;

(e)the offender has paid all restitution ordered by the court;

(f)the offender has complied with all the registration requirements at all times as required in this chapter, as evidenced by a document obtained by the offender from the Utah Department of Corrections, which confirms compliance; and

(g)the office that prosecuted the offender, and the victim, or if the victim is still a minor, the victim's parent, are notified and provided with an opportunity to respond in accordance with Subsection (3)(a).