Senate approves tougher penalties for production, distribution of child exploitation material

The Utah State Senate on Feb. 23 passed a third-substitute measure aimed at increasing criminal penalties for production and certain distribution of child sexual exploitation material.

The sponsor said the bill separates production and distribution from possession and viewing, treats production as a first-degree felony in some circumstances and makes distribution of material depicting victims under age 14 a first-degree felony. The sponsor told the Senate the change is intended to ‘‘target directly at the worst of the worst’’ and to address what he called ‘‘inadequacies in our laws today.’’

Senator Weiler, who supported the bill, praised the sponsor’s negotiations and noted the bill raises the mens rea for distribution from "knowingly" to "intentionally" in the third substitute. "I think it's landed in a really good place," Weiler said, adding that the change limits the highest penalties to distribution involving children under 14 and preserves an affirmative defense added in 2020 for possession and viewing.

Senator Riebe also spoke in favor and urged additional proactive work to protect children, saying the measure is a necessary step while the legislature pursues prevention efforts.

Sponsors and supporters told the chamber the Utah Sentencing Commission and other criminal-justice stakeholders were involved in drafting and negotiating the substitute; the sponsor said the Sentencing Commission had agreed to review guideline changes related to the bill. The sponsor also emphasized the bill exempts defendants under 18 from the increased penalties and does not alter the affirmative defense for youths.

After floor debate, the Senate recorded a vote in which the third substitute passed with a recorded tally of 23 yeas, 0 nays, 6 absent. The bill will be sent to the House for further action.

The floor debate focused on distinguishing types of illegal conduct involving images and elevating penalties for production and commercial distribution while preserving statutory safeguards for minors. The sponsor said the bill is intended to narrow the focus to producers and distributors who feed the market and to allow future sentencing-guideline work to fine-tune consequences.

The bill's passage was the most substantial criminal-justice action on the day's calendar; supporters said next steps include the Sentencing Commission's review and further legislative follow-up.