Section 76-5b-203.5 - Misuse of intimate image during a criminal action(1)(a) As used in this section:(i) "Criminal action" means the same as that term is defined in Section 77-1-3.(ii) "Intimate image" means the same as that term is defined in Section 76-5b-203.(b) Terms defined in Section 76-1-101.5 apply to this section.(2) An actor commits misuse of an intimate image during a criminal action if the actor: (a) obtains access to an intimate image in the course of a criminal action; and(b) intentionally displays, duplicates, copies, or shares the intimate image, unless: (i) displaying, duplicating, copying, or sharing the intimate image is done solely for the purpose of the adjudication, defense, prosecution or investigation of a criminal matter involving the intimate image;(ii) each individual who is the subject of the intimate image gives written permission to display, duplicate, copy, or share the intimate image; or(iii) the intimate image was not created by or provided to the actor under circumstances in which the depicted individual has a reasonable expectation of privacy.(3) A violation of Subsection (2) is: (a) a class A misdemeanor for a first offense; or(b) a third degree felony for each subsequent offense.(4) Nothing in this section precludes an agency that employs an individual who is involved in a criminal action from establishing internal policies for an individual's violation of this section.Amended by Chapter 181, 2022 General Session ,§ 105, eff. 5/4/2022.Added by Chapter 95, 2021 General Session ,§ 2, eff. 5/5/2021.