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Distribution and Exhibition of Motion Picture Films

Utah Code tit. 76, ch. 76-5c, pt. 76-5c-P3
in effect

Utah Code § 76-5c-301 Definitions.

76-5c-301. Definitions. As used in this part: (1) "Exhibit" means to show in a public place or in a place where the public is admitted, whether or not an admission fee is charged. (2) (a) "Distributor" means a person from which a film is acquired by sale, lease, loan, or any other means, directly or indirectly, for the purpose of exhibiting the film in this state or elsewhere. (b) "Distributor" does not include a person whose function with respect to a film is limited to the transportation or storage of the film. (3) "Film" means what is usually known as a motion picture film and that is intended to be shown commercially for profit by devices of any kind whatsoever. (4) "Person" includes an individual, firm, association, partnership, or corporation. (5) "Public place" includes a place that admission is gained by payment of a membership or admission fee, however designated, notwithstanding it is designated as a private club or by words of like import. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-5c-302 Intent of part -- Exemptions from part.

76-5c-302. Intent of part -- Exemptions from part. (1) It is the intent of this part to prevent the commercial distribution and exhibition of films in this state which are pornographic. (2) The Legislature finds that there is substantial evidence that elements of organized crime have engaged to an increasing degree in the production and distribution of pornographic films and, therefore, it is the further intent of this part to facilitate the criminal prosecution of distributors of pornographic films. (3) It is not the intent of this part to: (a) limit the regulation of films by counties, cities, towns, and other political subdivisions of the state, as these political subdivisions are specifically given the right by this part to further regulate films; or (b) limit or abridge the power to otherwise prosecute violations of any other provisions of law including those provisions of this chapter. (4) This part does not apply to a film: (a) distributed to or exhibited by any accredited university, college, school, library, or other educational institution, church, or museum, if there is scientific, religious, or educational justification for the exhibition of the film; or (b) exhibited by the Department of Corrections or exhibited as part of any treatment program operated by or under contract with the department if the exhibition of the film is solely for the assessment or treatment of an offender as defined under Section 64-13-1. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-5c-303 Qualification for distribution of films.

76-5c-303. Qualification for distribution of films. (1) A distributor that is a corporation shall be qualified to distribute films within this state if: (a) the corporation is a domestic corporation in good standing or a foreign corporation authorized to transact business in this state; and (b) the corporation submits the corporation to the jurisdiction and laws of this state relating to being a distributor in this state. (2) A distributor which is not a corporation shall be qualified to distribute films within this state if: (a) the distributor has and continuously maintains a registered office in this state; and (b) the distributor has a registered agent whose business address is at that registered office and which is either an individual residing and domiciled in this state, a domestic corporation in good standing, or a foreign corporation authorized to transact business in this state. (3) This section does not affect the right to serve process, a notice, or a demand, required or permitted by law to be served upon a distributor, in any other manner provided by law. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-5c-304 Change of registered office or agent by film distributor -- Service of process, notice, or demand on registered agent.

76-5c-304. Change of registered office or agent by film distributor -- Service of process, notice, or demand on registered agent. (1) A distributor qualified to distribute films in this state may change the distributor's registered office or registered agent in accordance with Title 16, Chapter 1a, Part 4, Registered Agent of an Entity. (2) Any process, notice, or demand required or permitted by law to be served upon the distributor may be served upon the registered agent of that distributor. Amended by Chapter 92, 2026 General Session

Utah Code § 76-5c-305 Distribution of a pornographic film for exhibition.

76-5c-305. Distribution of a pornographic film for exhibition. (1) Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-301 apply to this section. (2) An actor commits distribution of a pornographic film for exhibition if the actor knowingly or with criminal negligence distributes a film for exhibition that is pornographic. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor subject to: (i) a fine not less than $1,000; and (ii) incarceration, without suspension of sentence in any way, for a term of not less than 60 days. (b) A violation of Subsection (2) is a third degree felony if the actor has previously been convicted of a violation of Subsection (2) and is subject to: (i) a fine not less than $5,000; and (ii) incarceration, without suspension of sentence in any way, for a term of not less than six months. (4) It is an affirmative defense to a prosecution under this section that the distribution or exhibition of a film is exempt from the restrictions of this part described in Section 76-5c-302. (5) It is not a defense to a prosecution under this section that the actor was a motion picture projectionist or was otherwise required by the actor's employment to commit the violation. (6) Each copy of a pornographic film distributed for exhibition in violation of this section is a separate offense. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-5c-306 Distributing a film without being qualified.

76-5c-306. Distributing a film without being qualified. (1) Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-301 apply to this section. (2) An actor commits distributing a film without being qualified if the actor knowingly: (a) distributes a film for exhibition; and (b) is not qualified to distribute a film for exhibition. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor subject to: (i) a fine not less than $299; 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 has previously been convicted of a violation of Subsection (2) and is subject to: (i) a fine not less than $1,000; and (ii) incarceration, without suspension of sentence in any way, for a term of not less than 60 days. (4) It is an affirmative defense to a prosecution under this section that the distribution of a film is exempt from the restrictions of this part described in Section 76-5c-302. (5) It is not a defense to a prosecution under this section that the actor was a motion picture projectionist or was otherwise required by the actor's employment to commit the violation. (6) Each day's exhibition of a film, and each copy of a film distributed for exhibition in violation of this section is a separate offense. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-5c-307 Improperly exhibiting a film.

76-5c-307. Improperly exhibiting a film. (1) Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-301 apply to this section. (2) An actor commits improperly exhibiting a film if the actor knowingly: (a) exhibits a film; and (b) did not acquire the film from a distributor qualified to distribute a film. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor subject to: (i) a fine not less than $299; 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 has previously been convicted of a violation of Subsection (2) and is subject to: (i) a fine not less than $1,000; and (ii) incarceration, without suspension of sentence in any way, for a term of not less than 60 days. (4) It is an affirmative defense to a prosecution under this section that the distribution or exhibition of a film is exempt from the restrictions of this part described in Section 76-5c-302. (5) It is not a defense to a prosecution under this section that the actor was a motion picture projectionist or was otherwise required by the actor's employment to commit the violation. (6) Each day's exhibition of a film exhibited in violation of this section is a separate offense. Enacted by Chapter 173, 2025 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter5C/76-5c-P3.html?v=C76-5c-P3_2025050720250507Fetched: 10/26/2026

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