Misuse of intimate image during a criminal action.
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(1) As used in this section, "intimate image" has the same meaning as in Section 76-5b-203.
(2) Any actor who obtains access to an intimate image in the course of a criminal action as defined in Subsection 77-1-3(1) may not intentionally display, duplicate, copy, or share the intimate image, unless:
(a) displaying, duplicating, copying, or sharing the intimate image is done solely for the purpose of the adjudication, defense, prosecution or investigation of a criminal matter involving the intimate image;
(b) each individual who is the subject of the intimate image gives written permission to display, duplicate, copy, or share the intimate image; or
(c) the intimate image was not created by or provided to the actor under circumstances in which the depicted individual has a reasonable expectation of privacy.
(3) An actor who violates Subsection (2) is guilty of:
(a) a class A misdemeanor for a first offense; or
(b) a third degree felony for each subsequent offense.
(4) Nothing in this section precludes an agency that employs an individual who is involved in a criminal action from establishing internal policies for an individual's violation of this section.