This bill addresses criminal offenses relating to adult-oriented performances and materials. This bill: - removes unlawful pornographic performances from the offense of distributing pornographic material and places the conduct into a new stand-alone offense; - removes aiding or abetting a minor in an unlawful pornographic performance from the offense of aiding or abetting a minor in distributing pornographic material and places the conduct into a new stand-alone offense; - removes engaging in a performance that is harmful to minors while in the presence of a minor from the offense of distributing material harmful to minors and places the conduct into a new stand-alone offense; - changes the mental state required to be convicted of engaging in a performance that is harmful to minors while in the presence of a minor; - amends penalties for committing the offense of distributing material harmful to minors; - removes aiding or abetting a minor to engage in a performance that is harmful to minors while in the presence of another minor from the offense of aiding or abetting a minor in distributing material harmful to minors and places the conduct into a new stand-alone offense; - revises the criminal conduct referenced above for clarity, including penalty provisions; - adds the new stand-alone offenses to statutes in which the current offenses are referenced, including: the offense of creating, viewing, or accessing pornographic or indecent material on school property; and statutes concerning patterns of unlawful activity, property subject to forfeiture, court orders for criminal investigations, and civil enforcement actions; and - makes technical and conforming changes.

Statutes affected:
Introduced: 76-17-401, 76-17-403, 76-17-407, 77-22-2.5, 78B-6-2105