2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 1 - Assault and Related Offenses › Section 111.3 - Personal dignity exploitation of a vulnerable adult -- Penalties.

Effective 5/4/2022
76-5-111.3.
Personal dignity exploitation of a vulnerable adult -- Penalties.
(1)
(a) As used in this section, "abuse," "caretaker," "exploitation," "neglect," and "vulnerable adult" all mean the same as those terms are defined in Section 76-5-111.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) Except as provided in Subsection (4), an actor commits personal dignity exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and intentionally, knowingly, or recklessly:
(a) creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult:
(i) to which creation, transmission, or display a reasonable person would not consent; and
(ii)
(A) that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or pubic area;
(B) that displays the clothed area of only the vulnerable adult's breasts, buttocks, anus, genitals, or pubic area; or
(C) that shows the vulnerable adult engaged in conduct that is harmful to the mental or physical health or safety of the vulnerable adult; or
(b) causes the vulnerable adult to participate in an act that is highly offensive or demeaning to the vulnerable adult:
(i) in which a reasonable person would not participate; or
(ii) that is harmful to the mental or physical health or safety of the vulnerable adult.
(3)
(a)
(i) A violation of Subsection (2) is a class A misdemeanor if done intentionally or knowingly.
(ii) A violation of Subsection (2) is a class B misdemeanor if done recklessly.
(b)
(i) It is a separate offense under Subsection (2)(a) for each vulnerable adult included in a photographic or electronic image or recording created, transmitted, or displayed in violation of Subsection (2)(a).
(ii) It is a separate offense under Subsection (2)(b) for each vulnerable adult caused to participate in an act in violation of Subsection (2)(b).
(4)
(a) A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits, or displays the photographic or electronic image or recording:
(i) with the consent of the vulnerable adult, if the vulnerable adult:
(A) is mentally and physically able to give voluntary consent to the creation, transmission, or display; and
(B) gives voluntary consent for the creation, transmission, or display;
(ii) for a legitimate purpose relating to monitoring or providing care, treatment, or diagnosis; or
(iii) for a legitimate purpose relating to investigating abuse, neglect, or exploitation.
(b) A caretaker does not violate Subsection (2)(b) if:
(i) the vulnerable adult:
(A) is mentally and physically able to give voluntary consent to participate in the act; and
(B) gives voluntary consent to participate in the act; or
(ii) the caretaker causes the vulnerable adult to participate in the act for a legitimate purpose relating to:
(A) monitoring or providing care, treatment, or diagnosis; or
(B) investigating abuse, neglect, or exploitation.
(5)
(a) It is not a defense that the vulnerable adult was unaware of:
(i) the creation, transmission, or display prohibited under Subsection (2)(a); or
(ii) participation in the act, or the nature of participation in the act, under Subsection (2)(b).
(b) It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult.
Enacted by Chapter 181, 2022 General Session