(1) Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-201 apply to this section.
(2) An actor commits distributing obscene animal abuse material if the actor:
(a) sends or brings obscene animal abuse material into the state with intent to distribute or exhibit the obscene animal abuse material to another individual;
(b) prepares, publishes, prints, or possesses obscene animal abuse material with intent to distribute or exhibit the obscene animal abuse material to another individual;
(c) distributes or offers to distribute, or exhibits or offers to exhibit, obscene animal abuse material to another individual;
(d) writes, creates, or solicits the publication or advertising of obscene animal abuse material; or
(e) promotes the distribution or exhibition of obscene animal abuse material or material that the actor represents to be obscene animal abuse material.
(3)
(a) A violation of Subsection (2) is a third degree felony if the actor is 18 years old or older and is subject to:
(i) a minimum mandatory fine of not less than $1,000, plus $10 for each article exhibited up to the maximum allowed by law; and
(ii) incarceration, without suspension of sentence in any way, for a term of not less than 30 days.
(b) A violation of Subsection (2) is a class A misdemeanor if the actor is 16 or 17 years old.
(c) A violation of Subsection (2) is a class B misdemeanor if the actor is younger than 16 years old.
(4) It is a separate offense under this section for:
(a) each day in which a publication containing obscene animal abuse material is displayed or exhibited in a public place with intent to distribute or exhibit the publication to another individual; or
(b) each act of distributing of obscene animal abuse material described in Subsection (2).
(5)
(a) This section does not apply to an internet service provider if:
(i) the distribution of obscene animal abuse material by the internet service provider occurs only incidentally through the internet service provider's function of:
(A) transmitting or routing data from one person to another person; or
(B) providing a connection between one person and another person;
(ii) the internet service provider does not intentionally aid or abet in the distribution of the obscene animal abuse material; and
(iii) the internet service provider does not knowingly receive funds from or through a person who distributes the obscene animal abuse material in exchange for permitting the person to distribute the obscene animal abuse material.
(b) This section does not apply to a hosting company if:
(i) the distribution of obscene animal abuse material by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person;
(ii) the hosting company does not intentionally engage, aid, or abet in the distribution of the obscene animal abuse material; and
(iii) the hosting company does not knowingly receive funds from or through a person who distributes the obscene animal abuse material in exchange for permitting the person to distribute, store, or cache the obscene animal abuse material.