Section 76-5-111.3 - Personal dignity exploitation of a vulnerable adult - Penalties(1)(a) As used in this section, "abuse," "caretaker," "exploitation," "neglect," and "vulnerable adult" all mean the same as those terms are defined in Section 76-5-111.(b) Terms defined in Section 76-1-101.5 apply to this section.(2) Except as provided in Subsection (4), an actor commits personal dignity exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and intentionally, knowingly, or recklessly: (a) creates, transmits, or displays a photographic or electronic image or recording of the vulnerable adult: (i) to which creation, transmission, or display a reasonable person would not consent; and(ii)(A) that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or pubic area;(B) that displays the clothed area of only the vulnerable adult's breasts, buttocks, anus, genitals, or pubic area; or(C) that shows the vulnerable adult engaged in conduct that is harmful to the mental or physical health or safety of the vulnerable adult; or(b) causes the vulnerable adult to participate in an act that is highly offensive or demeaning to the vulnerable adult:(i) in which a reasonable person would not participate; or(ii) that is harmful to the mental or physical health or safety of the vulnerable adult.(3)(a)(i) A violation of Subsection (2) is a class A misdemeanor if done intentionally or knowingly.(ii) A violation of Subsection (2) is a class B misdemeanor if done recklessly.(b)(i) It is a separate offense under Subsection (2)(a) for each vulnerable adult included in a photographic or electronic image or recording created, transmitted, or displayed in violation of Subsection (2)(a).(ii) It is a separate offense under Subsection (2)(b) for each vulnerable adult caused to participate in an act in violation of Subsection (2)(b).(4)(a) A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits, or displays the photographic or electronic image or recording: (i) with the consent of the vulnerable adult, if the vulnerable adult: (A) is mentally and physically able to give voluntary consent to the creation, transmission, or display; and(B) gives voluntary consent for the creation, transmission, or display;(ii) for a legitimate purpose relating to monitoring or providing care, treatment, or diagnosis; or(iii) for a legitimate purpose relating to investigating abuse, neglect, or exploitation.(b) A caretaker does not violate Subsection (2)(b) if:(i) the vulnerable adult: (A) is mentally and physically able to give voluntary consent to participate in the act; and(B) gives voluntary consent to participate in the act; or(ii) the caretaker causes the vulnerable adult to participate in the act for a legitimate purpose relating to: (A) monitoring or providing care, treatment, or diagnosis; or(B) investigating abuse, neglect, or exploitation.(5)(a) It is not a defense that the vulnerable adult was unaware of: (i) the creation, transmission, or display prohibited under Subsection (2)(a); or(ii) participation in the act, or the nature of participation in the act, under Subsection (2)(b).(b) It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult.Added by Chapter 181, 2022 General Session ,§ 45, eff. 5/4/2022.