Utah Code » Title 76, Chapter 5b — Sexual Exploitation Act; part 76-5b-2 — Sexual Exploitation
Utah Code

Utah Code § 76-5b-201 (2026)

Sexual exploitation of a minor -- Offenses

✓ current as of May 2026
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1/1/2027

Terms defined in Section 76-1-101.5 apply to this section.
An actor commits sexual exploitation of a minor when the actor knowingly possesses, views, accesses with the intent to view, or maintains access with the intent to view, child sexual abuse material.
A violation of Subsection (2) is a second degree felony.
It is a separate offense under this section:
for each minor depicted in the child sexual abuse material; and
for each time the same minor is depicted in different child sexual abuse material.
For a charge of violating this section, it is an affirmative defense that:
the defendant:
did not solicit the child sexual abuse material from the minor depicted in the child sexual abuse material;
is not more than two years older than the minor depicted in the child sexual abuse material; and
upon request of a law enforcement agent or the minor depicted in the child sexual abuse material, removes from an electronic device or destroys the child sexual abuse material and all copies of the child sexual abuse material in the defendant's possession; and
the child sexual abuse material does not depict an offense under Chapter 5, Part 4, Sexual Offenses.
In proving a violation of this section in relation to an identifiable minor, proof of the actual identity of the identifiable minor is not required.
The following are not criminally or civilly liable under this section when acting in good faith compliance with Section 77-4-201:
an entity or an employee, director, officer, or agent of an entity when acting within the scope of employment, for the good faith performance of:
reporting or data preservation duties required under federal or state law; or
implementing a policy of attempting to prevent the presence of child sexual abuse material on tangible or intangible property, or of detecting and reporting the presence of child sexual abuse material on the property;
a law enforcement officer, a civilian employee of a law enforcement agency, or an independent contractor who is contracted with a law enforcement agency, acting within the scope of a criminal investigation;
an employee of a court who may be required to view child sexual abuse material during the course of and within the scope of the employee's employment;
a juror who may be required to view child sexual abuse material during the course of the individual's service as a juror;
an attorney or employee of an attorney who is required to view child sexual abuse material during the course of a judicial process and while acting within the scope of employment;
an employee of the Department of Health and Human Services who is required to view child sexual abuse material within the scope of the employee's employment;
an employee, independent contractor, or designated interviewer of a Children's Justice Center, who is required to view child sexual abuse material within the scope of the employee's, independent contractor's, or designated interviewer's scope of employment or assignment; or
an attorney who is required to view child sexual abuse material within the scope of the attorney's responsibility to represent the Department of Health and Human Services, including the divisions and offices within the Department of Health and Human Services.
Notes of Decisions
Cited in 19 cases (8 in the last 5 years), 2012–2026 · leading case: State v. Robertson, 2017 UT 27 (Utah 2017).
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State v. Robertson, 2017 UT 27 (Utah 2017). · cites it 4× “It has since been amended and renumbered as section 76-5b-201. The 2004 version of the statute stated that "[a] person is guilty of sexual exploitation of a minor .”
State v. Rasabout, 2015 UT 72 (Utah 2015). · cites it 4× “Cope § 76-5b-201(1)(a)@1). yt . Id. § 76-5b-201(3).”
State v. Dew, 2025 UT App 22 (Utah Ct. App. 2025). · cites it 4× “” Utah Code § 76-5b-201. Counts 1 through 4 were based on the videos shared through the peer-to-peer network.”
State v. Bagnes, 2014 UT 4 (Utah 2014). · cites it 2× “5 (lewdness) (amended 2011); Utah Code § 76-5b-201 (sexual exploitation of a minor) (amended 2011); Utah Code § 76 — 5b—103 (definitions) (amended 2011).”
State v. Darnstaedt, 2021 UT App 19 (Utah Ct. App. 2021). · cites it 2× “¶6 The State ultimately charged Darnstaedt with twelve counts of sexual exploitation of a minor under Utah Code section 76-5b-201(1)(a). Each count was based on a specific file found on the computer’s hard drive.”
State v. Roberts, 2015 UT 24 (Utah 2015). “See Ura Cons § 76-5b-201(6). It did not, however, include an exemption for others involved in the judicial process who may be required to view child pornography during the course and within the scope of their employment.”
State v. Mills, 2012 UT App 367 (Utah Ct. App. 2012). · cites it 2× “§ 76-5b-201 (2012)); and one count of rape, see id.”
State v. Jordan, 2021 UT 37 (Utah 2021). · cites it 4× “A ¶28 The sexual exploitation charge against Jordan arises under Utah Code section 76-5b-201. That provision defines sexual exploitation of a child to include the knowing production, possession, or distribution of “child pornography.”
State v. Hatfield, 2020 UT 1 (Utah 2020). “” UTAH CODE § 76-5b-201(1)(a). ¶19 Section 76-5b-103(1)(c) defines child pornography as “any visual depiction .”
State v. Williamson, 2024 UT App 141 (Utah Ct. App. 2024). · cites it 2× “Williamson ultimately convicted, see generally Utah Code § 76-5b-201(3)(b) (stating that it is a “separate offense” “for each minor depicted in .”
Walker v. State, 47 A.3d 590 (Md. Ct. Spec. App. 2012). “1(a) (“A person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person: (1) engages in a sexual act; or (2) exposes…”
State v. Lightel, 2025 UT App 40 (Utah Ct. App. 2025). · cites it 3× “2 “An actor commits sexual exploitation of a minor when the actor knowingly possesses or intentionally views child sexual abuse material,” Utah Code § 76-5b-201(2), which is defined (with some additional statutory nuance) as “any visual depiction” “of a minor engaging in…”
Show all 19 citing cases →
— Utah Code § 76-5b-201(1) — 3 cases
In re C.R.C., 2019 UT App 153 (Utah Ct. App. 2019).
State v. Gaines, 2026 UT App 44 (Utah Ct. App. 2026).
State v. Andrus, 2025 UT 15 (Utah 2025).
— Utah Code § 76-5b-201(1)(a) — 3 cases
State v. Rasabout, 2015 UT 72 (Utah 2015). “Cope § 76-5b-201(1)(a)@1). yt . Id. § 76-5b-201(3).”
State v. Darnstaedt, 2021 UT App 19 (Utah Ct. App. 2021). “¶6 The State ultimately charged Darnstaedt with twelve counts of sexual exploitation of a minor under Utah Code section 76-5b-201(1)(a). Each count was based on a specific file found on the computer’s hard drive.”
State v. Hatfield, 2020 UT 1 (Utah 2020). “” UTAH CODE § 76-5b-201(1)(a). ¶19 Section 76-5b-103(1)(c) defines child pornography as “any visual depiction .”
— Utah Code § 76-5b-201(1)(a)(i) — 1 case
State v. Jordan, 2021 UT 37 (Utah 2021). “A ¶28 The sexual exploitation charge against Jordan arises under Utah Code section 76-5b-201. That provision defines sexual exploitation of a child to include the knowing production, possession, or distribution of “child pornography.”
— Utah Code § 76-5b-201(1)(a)(ii) — 2 cases
State v. Rasabout, 2015 UT 72 (Utah 2015). “Cope § 76-5b-201(1)(a)@1). yt . Id. § 76-5b-201(3).”
State v. Rasabout, 2015 UT 72 (Utah 2015).
— Utah Code § 76-5b-201(2) — 2 cases
State v. Lightel, 2025 UT App 40 (Utah Ct. App. 2025). “2 “An actor commits sexual exploitation of a minor when the actor knowingly possesses or intentionally views child sexual abuse material,” Utah Code § 76-5b-201(2), which is defined (with some additional statutory nuance) as “any visual depiction” “of a minor engaging in…”
M.T. v. Psp (Pa. Commw. Ct. 2023).
— Utah Code § 76-5b-201(3) — 3 cases
State v. Robertson, 2017 UT 27 (Utah 2017). “It has since been amended and renumbered as section 76-5b-201. The 2004 version of the statute stated that "[a] person is guilty of sexual exploitation of a minor .”
State v. Rasabout, 2015 UT 72 (Utah 2015). “Cope § 76-5b-201(1)(a)@1). yt . Id. § 76-5b-201(3).”
State v. Rasabout, 2015 UT 72 (Utah 2015).
— Utah Code § 76-5b-201(3)(b) — 1 case
State v. Williamson, 2024 UT App 141 (Utah Ct. App. 2024). “Williamson ultimately convicted, see generally Utah Code § 76-5b-201(3)(b) (stating that it is a “separate offense” “for each minor depicted in .”
— Utah Code § 76-5b-201(6) — 1 case
State v. Roberts, 2015 UT 24 (Utah 2015). “See Ura Cons § 76-5b-201(6). It did not, however, include an exemption for others involved in the judicial process who may be required to view child pornography during the course and within the scope of their employment.”
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