1. (1)

   1. (a) As used in this section:

      1. (i) "Criminal action" means the same as that term is defined in Section 77-1-3.
      2. (ii) "Intimate image" means the same as that term is defined in Section 76-5b-203.
   2. (b) Terms defined in Section 76-1-101.5 apply to this section.

2. (2) An actor commits misuse of an intimate image during a criminal action if the actor:

   1. (a) obtains access to an intimate image in the course of a criminal action; and

   2. (b) intentionally displays, duplicates, copies, or shares the intimate image, unless:

      1. (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;
      2. (ii) each individual who is the subject of the intimate image gives written permission to display, duplicate, copy, or share the intimate image; or
      3. (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. (3) A violation of Subsection (2) is:

   1. (a) a class A misdemeanor for a first offense; or
   2. (b) a third degree felony for each subsequent offense.
4. (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.

Amended by Chapter 181, 2022 General Session