Utah Code » Title 76, Chapter 5b — Sexual Exploitation Act; part 76-5b-3 — Miscellaneous
Utah Code

Utah Code § 76-5b-301 (2026)

Determination whether material violates chapter

✓ laws through the 2026 General Session (checked Sept. 2026)
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
In determining whether material is in violation of this chapter, the material need not be considered as a whole, but may be examined by the trier of fact in part only.
Unless specifically provided in an offense, it is not an element for an offense described in this chapter that the applicable material appeal to the prurient interest in sex of the average person nor that prohibited conduct need be portrayed in a patently offensive manner.

Amended by Chapter 358, 2026 General Session

Notes of Decisions
Cited in 2 cases, 2018–2020 · leading case: State v. Jordan, 2018 UT App 187, 438 P.3d 862.
Sort: Relevance Newest Treatment
State v. Jordan, 2018 UT App 187, 438 P.3d 862. · cites it 2× “As an initial matter, this instruction mirrors-word for word-Utah Code section 76-5b-301(3). It is therefore an accurate statement of the law.”
State v. Hatfield, 2020 UT 1, 462 P.3d 330. “§ 76-5b-301(1) (emphasis added). This statement presumes that the trier of fact can consider the “material” as a “whole.”
Utah Code § 76-5b-301(1): 1 case
State v. Hatfield, 2020 UT 1, 462 P.3d 330. “§ 76-5b-301(1) (emphasis added). This statement presumes that the trier of fact can consider the “material” as a “whole.”
Utah Code § 76-5b-301(3): 1 case
State v. Jordan, 2018 UT App 187, 438 P.3d 862. “As an initial matter, this instruction mirrors-word for word-Utah Code section 76-5b-301(3). It is therefore an accurate statement of the law.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.