(1) A person is guilty of sexual exploitation of a vulnerable adult if the person: (a) (i) (A) knowingly produces, possesses, or possesses with intent to distribute material that the person knows is vulnerable adult pornography; or (B) intentionally distributes or views material that the person knows is vulnerable adult pornography; and (ii) the vulnerable adult who appears in, or is depicted in, the vulnerable adult pornography lacks capacity to consent to the conduct described in Subsection (1)(a); or (b) is a vulnerable adult's legal guardian and knowingly consents to, or permits the vulnerable adult to be, sexually exploited as described in Subsection (1)(a).
(a) (i) (A) knowingly produces, possesses, or possesses with intent to distribute material that the person knows is vulnerable adult pornography; or (B) intentionally distributes or views material that the person knows is vulnerable adult pornography; and (ii) the vulnerable adult who appears in, or is depicted in, the vulnerable adult pornography lacks capacity to consent to the conduct described in Subsection (1)(a); or
(i) (A) knowingly produces, possesses, or possesses with intent to distribute material that the person knows is vulnerable adult pornography; or (B) intentionally distributes or views material that the person knows is vulnerable adult pornography; and
(A) knowingly produces, possesses, or possesses with intent to distribute material that the person knows is vulnerable adult pornography; or
(B) intentionally distributes or views material that the person knows is vulnerable adult pornography; and
(ii) the vulnerable adult who appears in, or is depicted in, the vulnerable adult pornography lacks capacity to consent to the conduct described in Subsection (1)(a); or
(b) is a vulnerable adult's legal guardian and knowingly consents to, or permits the vulnerable adult to be, sexually exploited as described in Subsection (1)(a).
(2) Sexual exploitation of a vulnerable adult is a third degree felony.
(3) It is a separate offense under this section: (a) for each vulnerable adult depicted in the vulnerable adult pornography; and (b) for each time the same vulnerable adult is depicted in different vulnerable adult pornography.
(a) for each vulnerable adult depicted in the vulnerable adult pornography; and
(b) for each time the same vulnerable adult is depicted in different vulnerable adult pornography.
(4) It is an affirmative defense to a charge of violating this section that no vulnerable adult was actually depicted in the visual depiction or used in producing or advertising the visual depiction.
(5) In proving a violation of this section in relation to an identifiable vulnerable adult, proof of the actual identity of the identifiable vulnerable adult is not required.
(6) This section may not be construed to impose criminal or civil liability on: (a) any entity or an employee, director, officer, or agent of an entity, when acting within the scope of employment, for the good faith performance of: (i) reporting or data preservation duties required under any federal or state law; or (ii) implementing a policy of attempting to prevent the presence of vulnerable adult pornography on any tangible or intangible property, or of detecting and reporting the presence of vulnerable adult pornography on the property; or (b) any law enforcement officer acting within the scope of a criminal investigation.
(a) any entity or an employee, director, officer, or agent of an entity, when acting within the scope of employment, for the good faith performance of: (i) reporting or data preservation duties required under any federal or state law; or (ii) implementing a policy of attempting to prevent the presence of vulnerable adult pornography on any tangible or intangible property, or of detecting and reporting the presence of vulnerable adult pornography on the property; or
(i) reporting or data preservation duties required under any federal or state law; or
(ii) implementing a policy of attempting to prevent the presence of vulnerable adult pornography on any tangible or intangible property, or of detecting and reporting the presence of vulnerable adult pornography on the property; or
(b) any law enforcement officer acting within the scope of a criminal investigation.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.