1. (1)

   1. (a) As used in this section:

      1. (i) "Description or depiction of illicit sex or sexual immorality" means the same as that term is defined in Section 76-5c-207.
      2. (ii) "Nude or partially denuded figure" means the same as that term is defined in Section 76-5c-207.

      3. (iii) "Pornographic or indecent material" means any material that:

         1. (A) is harmful to minors;
         2. (B) is pornographic;
         3. (C) is a description of or depiction of illicit sex or sexual immorality;
         4. (D) contains a nude or partially denuded figure; or
         5. (E) is obscene animal abuse material.
      4. (iv) "School property" means property, including land and improvements, that a school district or charter school owns, leases, or occupies.
   2. (b) Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-201 apply to this section.

2. (2) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits pornographic or indecent material on school property if:

   1. (a) the actor intentionally or knowingly creates, views, or otherwise gains access to pornographic or indecent material; and
   2. (b) the actor is present on school property when creating, viewing, or otherwise gaining access to the material described in Subsection (2)(a).

3. (3)

   1. (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor if the actor is 18 years old or older.
   2. (b) A violation of Subsection (2) is a class B misdemeanor if the actor is younger than 18 years old.

4. (4) The offenses referred to in Subsection (2) are:

   1. (a) distributing pornographic material as described in Section 76-5c-202;
   2. (b) aiding or abetting a minor in distributing pornographic material or obscene animal abuse material as described in Section 76-5c-203;
   3. (c) inducing acceptance of pornographic material or obscene animal abuse material as described in Section 76-5c-204;
   4. (d) distributing material harmful to minors as described in Section 76-5c-205;
   5. (e) aiding or abetting a minor in distributing material harmful to minors as described in Section 76-5c-206;
   6. (f) indecent public display in the presence of a minor as described in Section 76-5c-207; or
   7. (g) distributing obscene animal abuse material as described in Section 76-5c-215.

5. (5) This section does not:

   1. (a) prohibit disciplinary action for actions that violate this section; or

   2. (b) apply to school or law enforcement personnel when the school or law enforcement personnel views or otherwise gains access to pornographic or indecent material while on school property for the limited purpose of:

      1. (i) investigating a violation of this section; or
      2. (ii) enforcing this section.

Amended by Chapter 255, 2026 General Session