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 conspiracy to commit a pornographic or harmful materials violation if the actor conspires with two or more persons to commit a violation of this chapter.

3. (3)

   1. (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony subject to:

      1. (i) a minimum mandatory fine of not less than $1,000; and
      2. (ii) incarceration, without suspension of the sentence in any way, for a term of not less than 60 days.

   2. (b) A violation of Subsection (2) is a second degree felony if the actor has previously been convicted of a violation of Subsection (2) and is subject to:

      1. (i) a minimum mandatory fine of not less than $5,000; and
      2. (ii) incarceration, without suspension of the sentence in any way, for a term of not less than one year.
4. (4) Subsection (3) supersedes Section 77-18-105.

Amended by Chapter 255, 2026 General Session