Revenge porn, also known as nonconsensual pornography, is the distribution of sexually explicit images or videos of someone without their consent. In Utah, this is considered a criminal offense under Utah Code § 76-5b-203(5).
This law makes it illegal to intentionally distribute, display, or publish any sexually explicit image or video of another person without their consent. The law applies not just to individuals who share such images or videos, but also to websites or platforms that host them.
One of the key elements of the Utah revenge porn law is the requirement of intent. In order to be found guilty of this offense, the prosecution must prove that the defendant knowingly and intentionally distributed, displayed, or published the sexually explicit images or videos. This means that if an individual inadvertently shares a sexually explicit image or video without realizing it, they would not be guilty under this law.
It is also worth noting that the Utah revenge porn law applies to images and videos that were obtained consensually, but then distributed without consent. This means that even if someone willingly took a sexually explicit photo or video with their partner, they can still bring charges under this law if that image or video is later shared without their consent.
The penalties for violating the Utah revenge porn law can be severe. Conviction of this offense is considered a class A misdemeanor, which carries a maximum penalty of one year in jail and a $2,500 fine. Repeat offenders may face harsher penalties.
In addition to the criminal penalties, victims of revenge porn may also be able to bring civil lawsuits against the individuals or entities that distributed their images or videos. This can result in monetary damages and an injunction to stop the distribution of the images or videos.
In conclusion, Utah Code § 76-5b-203(5) criminalizes the distribution of sexually explicit images or videos without consent, with severe penalties for those who are found guilty. This law serves as a strong deterrent against the harmful and invasive practice of revenge porn, and provides legal recourse for victims of this type of abuse.