1. (1) Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-201 apply to this section.

2. (2) An actor commits distributing pornographic material if the actor knowingly:

   1. (a) sends or brings pornographic material into the state with intent to distribute or exhibit the pornographic material to another individual;
   2. (b) prepares, publishes, prints, or possesses pornographic material with intent to distribute or exhibit the pornographic material to another individual;
   3. (c) distributes or offers to distribute, or exhibits or offers to exhibit, pornographic material to another individual;
   4. (d) writes, creates, or solicits the publication or advertising of pornographic material;
   5. (e) promotes the distribution or exhibition of material the actor represents to be pornographic; or
   6. (f) presents or directs a pornographic performance in a public place or a place exposed to public view or participates in that portion of the performance which makes the performance pornographic.

3. (3)

   1. (a) Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a third degree felony if the actor is 18 years old or older and is subject to:

      1. (i) a minimum mandatory fine of not less than $1,000, plus $10 for each article exhibited up to the maximum allowed by law; and
      2. (ii) incarceration, without suspension of sentence in any way, for a term of not less than 30 days.
   2. (b) Except as provided in Subsection (3)(c), a violation of Subsection (2) is a class A misdemeanor if the actor is 16 or 17 years old.
   3. (c) A violation of Subsection (2) is a class B misdemeanor if the actor is younger than 16 years old.

4. (4) It is a separate offense under this section for:

   1. (a) each day's exhibition of a pornographic motion picture film;
   2. (b) each day in which a pornographic publication is displayed or exhibited in a public place with intent to distribute or exhibit the publication to another individual; or
   3. (c) each act of distributing of pornographic material described in Subsection (2).

5. (5)

   1. (a) This section does not apply to an Internet service provider if:

      1. (i) the distribution of pornographic material by the Internet service provider occurs only incidentally through the Internet service provider's function of:

         1. (A) transmitting or routing data from one person to another person; or
         2. (B) providing a connection between one person and another person;
      2. (ii) the Internet service provider does not intentionally aid or abet in the distribution of the pornographic material; and
      3. (iii) the Internet service provider does not knowingly receive funds from or through a person who distributes the pornographic material in exchange for permitting the person to distribute the pornographic material.

   2. (b) This section does not apply to a hosting company if:

      1. (i) the distribution of pornographic material by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person;
      2. (ii) the hosting company does not intentionally engage, aid, or abet in the distribution of the pornographic material; and
      3. (iii) the hosting company does not knowingly receive funds from or through a person who distributes the pornographic material in exchange for permitting the person to distribute, store, or cache the pornographic material.
6. (6) Subsection (3)(a) supersedes Section 77-18-105.

Renumbered and Amended by Chapter 173, 2025 General Session