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The Associated Press and other news outlets reported in 2015 that the case of a 31-year-old Davis County man sentenced to jail for sending nude photos of his estranged wife to her family in 2012 spurred Utah lawmakers to revise state law against revenge porn.
Revenge porn is a relatively new phenomenon that refers to the practice of distributing sexually explicit photographs or videos without the consent of an individual featured in the images. In Utah, revenge porn offenses constitute the crime of distribution of an intimate image.
While the first offense for distribution of an intimate image is a misdemeanor, subsequent offenses can result in felony charges. Convictions for these types of crimes can carry very steep penalties, including possible incarceration and large fines.
If you are under investigation for the distribution of an intimate image under Utah Criminal Code 76-5b-203, then you should contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP before making a statement to any law enforcement officer.
Our criminal defense attorneys in Salt Lake City defend clients charged with sexually motivated offenses in communities throughout Summit County, Morgan County, Davis County, Utah County, Wasatch County, and Tooele County.
We can provide a free and confidential evaluation of your case when you call (801) 532-5297.
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Under Utah Code § 76-5b-203(2), an alleged offender commits the offense of distribution of intimate images if he or she, with the intent to cause emotional distress or harm, knowingly or intentionally distributes to any third party any intimate image of an individual who is 18 years of age or older, if:
Utah Code § 76-5b-203(1)(a) defines distribute as meaning "selling, exhibiting, displaying, wholesaling, retailing, providing, giving, granting admission to, providing access to, or otherwise transferring or presenting an image to another individual, with or without consideration."
Under Utah Code § 76-5b-203(1)(b), an intimate image is defined as "any visual depiction, photograph, film, video, recording, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, that depicts exposed human male or female genitals or pubic area, with less than an opaque covering; a female breast with less than an opaque covering, or any portion of the female breast below the top of the areola; or the individual engaged in any sexually explicit conduct."
Sexually explicit conduct is defined under Utah Code § 76-5b-203(1)(c) as meaning actual or simulated:
Utah Code § 76-5b-203(1)(d) defines simulated sexually explicit conduct as "a feigned or pretended act of sexually explicit conduct that duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct."
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A first distribution of an intimate image offense is a class A misdemeanor. Convictions are punishable by up to one year in jail and a fine of up to $2,500.
Second or subsequent convictions are classified as third-degree felony offenses. In such cases, convictions can be punishable by up to five years in prison and a fine of up to $5,000.
Unlike some other states, Utah does not require a person convicted of distributing an intimate image to register as a sex offender. Convictions will still appear on criminal records and can negatively impact a person's employment, housing, or professional licensing application.
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House Bill 71 (HB 71) | Utah State Legislature — View the full text of the enrolled version of Utah's revenge porn law. You can learn more about important provisions of the bill, such as parties that the law does not apply to. The bill did not appropriate any money nor did it contain any other special clauses.
Cyber Civil Rights Initiative (CCRI) — The CCRI is a 501(c)(3) nonprofit organization that incorporated the work that Holly Jacobs, Ph.D., put into the End Revenge Porn (ERP) campaign. The website states that revenge porn, "though frequently used, is somewhat misleading." The organization states that a more accurate term is "nonconsensual pornography (NCP), defined as the distribution of sexually graphic images of individuals without their consent."
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If you were arrested or believe that you could be under investigation in Utah for distribution of an intimate image, it would be in your best interest to immediately seek legal representation.
The attorneys at Brown, Bradshaw & Moffat, LLP represent individuals all over the greater Salt Lake County, including Millcreek, Riverton, Holladay, Taylorsville, Magna, Kearns, Midvale, Herriman, Copperton Township, and several other nearby locations.
Our Salt Lake City criminal defense lawyers understand the multiple ways that these types of allegations can affect the lives of people accused of such crimes, and we can fight to help you achieve the most desirable resolution to your case.
Call (801) 532-5297 right now to have our attorneys review your case and help you understand all of your legal options during a free initial consultation.
Use the form above to request your free, confidential case evaluation. Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah.
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