Definitions.

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  • (1) "Child pornography" means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
    • (a) the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct;
    • (b) the visual depiction is of a minor engaging in sexually explicit conduct; or
    • (c) the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
  • (2) "Distribute" means the selling, exhibiting, displaying, wholesaling, retailing, providing, giving, granting admission to, or otherwise transferring or presenting child pornography or vulnerable adult pornography with or without consideration.
  • (3) "Identifiable minor" means a person:
    • (a)
      • (i) who was a minor at the time the visual depiction was created, adapted, or modified; or
      • (ii) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
    • (b) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature.
  • (4) "Identifiable vulnerable adult" means a person:
    • (a)
      • (i) who was a vulnerable adult at the time the visual depiction was created, adapted, or modified; or
      • (ii) whose image as a vulnerable adult was used in creating, adapting, or modifying the visual depiction; and
    • (b) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a birthmark, or other recognizable feature.
  • (5) "Lacks capacity to consent" is as defined in Subsection 76-5-111(1).
  • (6) "Live performance" means any act, play, dance, pantomime, song, or other activity performed by live actors in person.
  • (7) "Minor" means a person younger than 18 years of age.
  • (8) "Nudity or partial nudity" means any state of dress or undress in which the human genitals, pubic region, buttocks, or the female breast, at a point below the top of the areola, is less than completely and opaquely covered.
  • (9) "Produce" means:
    • (a) the photographing, filming, taping, directing, producing, creating, designing, or composing of child pornography or vulnerable adult pornography; or
    • (b) the securing or hiring of persons to engage in the photographing, filming, taping, directing, producing, creating, designing, or composing of child pornography or vulnerable adult pornography.
  • (10) "Sexually explicit conduct" means actual or simulated:
    • (a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
    • (b) masturbation;
    • (c) bestiality;
    • (d) sadistic or masochistic activities;
    • (e) lascivious exhibition of the genitals, pubic region, buttocks, or female breast of any person;
    • (f) the visual depiction of nudity or partial nudity for the purpose of causing sexual arousal of any person;
    • (g) the fondling or touching of the genitals, pubic region, buttocks, or female breast; or
    • (h) the explicit representation of the defecation or urination functions.
  • (11) "Simulated sexually explicit conduct" means a feigned or pretended act of sexually explicit conduct which duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct.
  • (12) "Vulnerable adult" is as defined in Subsection 76-5-111(1).
  • (13) "Vulnerable adult pornography" means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:
    • (a) the production of the visual depiction involves the use of a vulnerable adult engaging in sexually explicit conduct;
    • (b) the visual depiction is of a vulnerable adult engaging in sexually explicit conduct; or
    • (c) the visual depiction has been created, adapted, or modified to appear that an identifiable vulnerable adult is engaging in sexually explicit conduct.




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