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 obscene animal abuse material if the actor:

   1. (a) sends or brings obscene animal abuse material into the state with intent to distribute or exhibit the obscene animal abuse material to another individual;
   2. (b) prepares, publishes, prints, or possesses obscene animal abuse material with intent to distribute or exhibit the obscene animal abuse material to another individual;
   3. (c) distributes or offers to distribute, or exhibits or offers to exhibit, obscene animal abuse material to another individual;
   4. (d) writes, creates, or solicits the publication or advertising of obscene animal abuse material; or
   5. (e) promotes the distribution or exhibition of obscene animal abuse material or material that the actor represents to be obscene animal abuse material.

3. (3)

   1. (a) 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) 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 in which a publication containing obscene animal abuse material is displayed or exhibited in a public place with intent to distribute or exhibit the publication to another individual; or
   2. (b) each act of distributing of obscene animal abuse 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 obscene animal abuse 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 obscene animal abuse material; and
      3. (iii) the internet service provider does not knowingly receive funds from or through a person who distributes the obscene animal abuse material in exchange for permitting the person to distribute the obscene animal abuse material.

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

      1. (i) the distribution of obscene animal abuse 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 obscene animal abuse material; and
      3. (iii) the hosting company does not knowingly receive funds from or through a person who distributes the obscene animal abuse material in exchange for permitting the person to distribute, store, or cache the obscene animal abuse material.

Enacted by Chapter 255, 2026 General Session