BDSM and The Law

 

UTAH

This is NOT legal advice.

If you live in UTAH  ask your Legislator to change these laws

No woman may have sex with a man while riding in an ambulance within the boundaries of Tremonton, Utah. If caught, the woman can be charged with a sexual misdemeanor and "her name is to be published in the local newspaper." The man isn't charged nor is his name revealed.

In the state of Utah, sex with an animal—unless performed for profit—is not considered sodomy and therefore is legal.

Age of Consent in UTAH  is 18  

   

76-10-1302.   Prostitution.
     (1) A person is guilty of prostitution when:
     (a) he engages in any sexual activity with another person for a fee;
     (b) is an inmate of a house of prostitution; or
     (c) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.
     (2) Prostitution is a class B misdemeanor. However, any person who is convicted a second time, and on all subsequent convictions, under this section or under a local ordinance adopted in compliance with Section 76-10-1307 is guilty of a class A misdemeanor, except as provided in Section 76-10-1309.

Amended by Chapter 179, 1993 General Session

76-10-1304.   Aiding prostitution.
     (1) A person is guilty of aiding prostitution if he:
     (a) solicits a person to patronize a prostitute;
     (b) procures or attempts to procure a prostitute for a patron;
     (c) leases or otherwise permits a place controlled by the actor, alone or in association with another, to be used for prostitution or the promotion of prostitution; or
     (d) solicits, receives, or agrees to receive any benefit for doing any of the acts prohibited by this subsection.
     (2) Aiding prostitution is a class B misdemeanor. However, a person who is convicted a second time, and on all subsequent convictions, under this section or under a local ordinance adopted in compliance with Section 76-10-1307 is guilty of a class A misdemeanor.

76-10-1305.   Exploiting prostitution.
     (1) A person is guilty of exploiting prostitution if he:
     (a) procures an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;
     (b) encourages, induces, or otherwise purposely causes another to become or remain a prostitute;
     (c) transports a person into or within this state with a purpose to promote that person's engaging in prostitution or procuring or paying for transportation with that purpose;
     (d) not being a child or legal dependent of a prostitute, shares the proceeds of prostitution with a prostitute pursuant to their understanding that he is to share therein; or
     (e) owns, controls, manages, supervises, or otherwise keeps, alone or in association with another, a house of prostitution or a prostitution business.
     (2) Exploiting prostitution is a felony of the third degree.

76-10-1201. Definitions. For the purpose of this part: 

(1) "Contemporary community standards" means those current standards in the vicinage where an offense alleged under this act has occurred, is occurring, or will occur. 

(2) "Distribute" means to transfer possession of materials whether with or without consideration. (

3) "Exhibit" means to show.

 (5) "Knowingly" means an awareness, whether actual or constructive, of the character of material or of a performance. A person has constructive knowledge if a reasonable inspection or observation under the circumstances would have disclosed the nature of the subject matter and if a failure to inspect or observe is either for the purpose of avoiding the disclosure or is criminally negligent.

(11) "Sado-masochistic abuse" means flagellation or torture by or upon a person who is nude or clad in undergarments, a mask, or in a revealing or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed. (

12) "Sexual conduct" means acts of masturbation, sexual intercourse, or any touching of a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent or actual sexual stimulation or gratification.

76-10-1203. Pornographic material or performance -- Expert testimony not required. (1) Any material or performance is pornographic if: (a) The average person, applying contemporary community standards, finds that, taken as a whole, it appeals to prurient interest in sex; 

b) It is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and 

(c) Taken as a whole it does not have serious literary, artistic, political or scientific value. 

(2) In prosecutions under this part, where circumstances of production, presentation, sale, dissemination, distribution, exhibition, or publicity indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, this evidence is probative with respect to the nature of the matter and can justify the conclusion that, in the context in which it is used, the matter has no serious literary, artistic, political, or scientific value. 

3) Neither the prosecution nor the defense shall be required to introduce expert witness testimony as to whether the material or performance is or is not harmful to adults or minors or is or is not pornographic, or as to any element of the definition of pornographic, including contemporary community standards

76-10-1204. Distributing pornographic material. (1) A person is guilty of distributing pornographic material when he knowingly: 

(a) sends or brings any pornographic material into the state with intent to distribute or exhibit it to others; 

(b) prepares, publishes, prints, or possesses any pornographic material with intent to distribute or exhibit it to others; 

(c) distributes or offers to distribute, exhibits or offers to exhibit any pornographic material to others; 

(d) writes, creates, or solicits the publication or advertising of pornographic material; 

(e) promotes the distribution or exhibition of material he represents to be pornographic; or 

(f) presents or directs a pornographic performance in any public place or any place exposed to public view or participates in that portion of the performance which makes it pornographic. 

(2) Each distributing of pornographic material as defined in Subsection 

(1) is a separate offense.

 (3) It is a separate offense under this section for: 

(a) each day's exhibition of any pornographic motion picture film; and 

(b) each day in which any pornographic publication is displayed or exhibited in a public place with intent to distribute or exhibit it to others.

 (4) Each separate offense under this section is a class A misdemeanor punishable by: (a) a minimum mandatory fine of not less than $100 plus $10 for each article exhibited up to the maximum allowed by law; and (b) incarceration, without suspension of sentence in any way, for a term of not less than seven days, notwithstanding any provisions of Section 77-18-1. 

(5) If a defendant has already been convicted once under this section, each separate further offense is a third degree felony punishable by a minimum mandatory fine of not less than $1,000 plus $10 for each article exhibited up to the maximum allowed by law and by incarceration, without suspension of sentence in any way, for a term of not less than 30 days. This subsection supersedes Section 77-18-1.