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Divorce Decree Provision About Inappropriate Dress?

Question: Will the court take seriously my desire to include in the divorce decree a provision that at no time should step-parents or a parent’s significant other be inappropriately dressed?
Question Detail: My wife and I are separated now for 2 years. She served me papers because she said she never loved me and wanted a divorce. The paperwork has been all filed on my end but she still hasn’t completed her end of the paperwork. Well she has had a relationship now with a guy for 8 months. He is around my children almost every time. She has them (joint custody). She has posted pictures of him on a hike and swimming shirtless holding them with my girls on Facebook. They are ages 6 and 3. I find this to be inappropriate. Am I wrong? I have asked her not to let this continue because he doesn’t need to be skin to skin with my girls. I realize its outdoor pictures and it may appear harmless but to most people but these are my girls. I don’t even walk around or take pics like that with them. I want it to stop but she says there is nothing wrong with it. I need to know if I’m over reacting or if I make a valid case.
This is a common kind of question. This may answer your question, if you reside in Utah:

Utah Code § 76-9-702.5.  Lewdness involving a child.

(1) A person is guilty of lewdness involving a child if the person under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly does any of the following to, or in the presence of, a child who is under 14 years of age:
(a) performs an act of sexual intercourse or sodomy;
(b) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area:
(i) in a public place; or
(ii) in a private place:
(A) under circumstances the person should know will likely cause affront or alarm; or
(B) with the intent to arouse or gratify the sexual desire of the actor or the child;
(c) masturbates;
(d) under circumstances not amounting to sexual exploitation of a child under Section 76-5b-201, causes a child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child; or
(e) performs any other act of lewdness.

(2)(a) Lewdness involving a child is a class A misdemeanor, except under Subsection (2)(b).
(b) Lewdness involving a child is a third degree felony if at the time of the violation:
(i) the person is a sex offender as defined in Section 77-27-21.7; or
(ii) the person has previously been convicted of a violation of this section.

Utah Family Law, LC | divorceutah.com | 801-466-9277

Here are some more statutory provisions that may be of interest:

Utah Code § 76-9-702. Lewdness.

(1) A person is guilty of lewdness if the person under circumstances not amounting to rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, or an attempt to commit any of these offenses, performs any of the following acts in a public place or under circumstances which the person should know will likely cause affront or alarm to, on, or in the presence of another who is 14 years of age or older:
(a) an act of sexual intercourse or sodomy;
(b) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area;
(c) masturbates; or
(d) any other act of lewdness.
(2)
(a) A person convicted the first or second time of a violation of Subsection (1) is guilty of a class B misdemeanor, except under Subsection (2)(b).
(b) A person convicted of a violation of Subsection (1) is guilty of a third degree felony if at the time of the violation:
(i) the person is a sex offender as defined in Section 77-27-21.7;
(ii) the person has been previously convicted two or more times of violating Subsection (1); or
(iii) the person has previously been convicted of a violation of Subsection (1) and has also previously been convicted of a violation of Section 76-9-702.5.
(c)
(i) For purposes of this Subsection (2) and Subsection 77-41-102(17), a plea of guilty or nolo contendere to a charge under this section that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
(ii) This Subsection (2)(c) also applies if the charge under this Subsection (2) has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
(3) A woman’s breast feeding, including breast feeding in any location where the woman otherwise may rightfully be, does not under any circumstance constitute a lewd act, irrespective of whether or not the breast is covered during or incidental to feeding.

Utah Code § 76-10-1227. Indecent public displays — Definitions.

(1) For purposes of this section and Section 76-10-1228:
(a) “Description or depiction of illicit sex or sexual immorality” means:
(i) human genitals in a state of sexual stimulation or arousal;
(ii) acts of human masturbation, sexual intercourse, or sodomy;
(iii) fondling or other erotic touching of human genitals or pubic region; or
(iv) fondling or other erotic touching of the human buttock or female breast.
(b) “Nude or partially denuded figure” means:
(i) less than completely and opaquely covering human:
(A) genitals;
(B) pubic regions;
(C) buttock; and
(D) female breast below a point immediately above the top of the areola; and
(ii) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(2)
(a) Subject to Subsection (2)(c), this section and Section 76-10-1228 do not apply to any material which, when taken as a whole, has serious value for minors.
(b) As used in Subsection (2)(a), “serious value” means having serious literary, artistic, political, or scientific value for minors, taking into consideration the ages of all minors who could be exposed to the material.
(c) A description or depiction of illicit sex or sexual immorality as defined in Subsection (1)(a)(i), (ii), or (iii) has no serious value for minors.
Utah Code § 76-10-1228. Indecent public displays — Prohibitions — Penalty.

(1) Subject to the affirmative defense in Subsection 76-10-1208(3), a person is guilty of a class A misdemeanor who willfully or knowingly:
(a) engages in the business of selling, lending, giving away, showing, advertising for sale, or distributing to a minor or has in the person’s possession with intent to engage in that business or to otherwise offer for sale or commercial distribution to a minor any material with:
(i) a description or depiction of illicit sex or sexual immorality; or
(ii) a nude or partially denuded figure; or
(b) publicly displays at newsstands or any other establishment frequented by minors, or where the minors are or may be invited as a part of the general public, any motion picture, or any live, taped, or recorded performance, or any still picture or photograph, or any book, pocket book, pamphlet, or magazine the cover or content of which:
(i) exploits, is devoted to, or is principally made up of one or more descriptions or depictions of illicit sex or sexual immorality; or
(ii) consists of one or more pictures of nude or partially denuded figures.
(2)
(a) A violation of this section is punishable by:
(i) a minimum mandatory fine of not less than $500; and
(ii) incarceration, without suspension of sentence in any way, for a term of not less than 30 days.
(b) This section supersedes Section 77-18-1.

Utah Code § 76-10-1208. Affirmative defenses.

(1) It is an affirmative defense to prosecution under this part that the distribution of pornographic material is restricted to institutions or persons having scientific, educational, governmental, or other similar justification for possessing pornographic material.
(2) It is not a defense to prosecution under this part that the actor is a motion picture projectionist, usher, ticket-taker, bookstore employee, or otherwise is required to violate this part incident to the person’s employment.
(3) It is an affirmative defense to prosecution under Section 76-10-1206, 76-10-1227, or 76-10-1228 for displaying or exhibiting an outer portion of material, that the material is:
(a) in a sealed opaque wrapper that covers at least the lower 2/3 of the material so that the lower 2/3 of the material is concealed from view;
(b) placed behind a blinder rack; or
(c) displayed in an area from which a minor is physically excluded if the material cannot be viewed by the minor from an area in which a minor is allowed.

Utah Code § 32B-1-504. General requirements on attire and conduct.

The following attire and conduct on premises or at an event regulated by the commission under this title are considered contrary to the public health, peace, safety, welfare, and morals, and are prohibited:
(1) employing or using a person in the sale, offer for sale, or furnishing of an alcoholic product while the person is in:
(a) a state of nudity;
(b) a state of seminudity; or
(c) performance attire or clothing that exposes to view any portion of:
(i) the female breast below the top of the areola; or
(ii) the cleft of the buttocks;
(2) employing or using the services of a person to mingle with patrons while the person is in:
(a) a state of nudity;
(b) a state of seminudity; or
(c) performance attire or clothing that exposes to view any portion of:
(i) the female breast below the top of the areola; or
(ii) the cleft of the buttocks;
(3) encouraging or permitting a person to:
(a) engage in or simulate an act of:
(i) sexual intercourse;
(ii) masturbation;
(iii) sodomy;
(iv) bestiality;
(v) oral copulation;
(vi) flagellation; or
(vii) a sexual act that is prohibited by Utah law; or
(b) touch, caress, or fondle the breast, buttocks, anus, or genitals of any other person;
(4) permitting a person to wear or use a device or covering that:
(a) is exposed to view; and
(b) simulates all or any portion of the human genitals, anus, pubic area, or female breast;
(5) permitting a person to use an artificial device or inanimate object to depict an act prohibited by this section;
(6) permitting a person to remain on premises or at an event who exposes to public view any portion of that person’s:
(a) genitals, pubic area, or anus; or
(b) in the case of a female, the areola and nipple of the breast; or
(7) showing a film, still picture, electronic reproduction, or other visual reproduction depicting:
(a) an act or simulated act of:
(i) sexual intercourse;
(ii) masturbation;
(iii) sodomy;
(iv) bestiality;
(v) oral copulation;
(vi) flagellation; or
(vii) a sexual act that is prohibited by Utah law;
(b) a person being touched, caressed, or fondled on the breast, buttocks, anus, or genitals;
(c) a scene wherein an artificial device or inanimate object is employed to depict, or a drawing is employed to portray, an act prohibited by this section; or
(d) a scene wherein a person displays the genitals or anus.

Utah Code § 76-5b-203. Distribution of an intimate image — Penalty.

(1) As used in this section:
(a) “Distribute” means selling, exhibiting, displaying, wholesaling, retailing, providing, giving, granting admission to, providing access to, or otherwise transferring or presenting an image to another individual, with or without consideration.
(b) “Intimate image” means any visual depiction, photograph, film, video, recording, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, that depicts:
(i) exposed human male or female genitals or pubic area, with less than an opaque covering;
(ii) a female breast with less than an opaque covering, or any portion of the female breast below the top of the areola; or
(iii) the individual engaged in any sexually explicit conduct.
(c) “Sexually explicit conduct” means actual or simulated:
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(ii) masturbation;
(iii) bestiality;
(iv) sadistic or masochistic activities;
(v) exhibition of the genitals, pubic region, buttocks, or female breast of any individual;
(vi) visual depiction of nudity or partial nudity;
(vii) fondling or touching of the genitals, pubic region, buttocks, or female breast; or
(viii) explicit representation of the defecation or urination functions.
(d) “Simulated sexually explicit conduct” means a feigned or pretended act of sexually explicit conduct that duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct.
(2) An actor commits the offense of distribution of intimate images if the actor, with the intent to cause emotional distress or harm, knowingly or intentionally distributes to any third party any intimate image of an individual who is 18 years of age or older, if:
(a) the actor knows that the depicted individual has not given consent to the actor to distribute the intimate image;
(b) the intimate image was created by or provided to the actor under circumstances in which the individual has a reasonable expectation of privacy; and
(c) actual emotional distress or harm is caused to the person as a result of the distribution under this section.
(3) This section does not apply to:
(a)
(i) lawful practices of law enforcement agencies;
(ii) prosecutorial agency functions;
(iii) the reporting of a criminal offense;
(iv) court proceedings or any other judicial proceeding; or
(v) lawful and generally accepted medical practices and procedures;
(b) an intimate image if the individual portrayed in the image voluntarily allows public exposure of the image; or
(c) an intimate image that is portrayed in a lawful commercial setting.
(4)
(a) This section does not apply to an Internet service provider or interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service, information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if:
(i) the distribution of an intimate image by the Internet service provider occurs only incidentally through the 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 provider does not intentionally aid or abet in the distribution of the intimate image; and
(iii) the provider does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute the intimate image.
(b) This section does not apply to a hosting company, as defined in Section 76-10-1230, if:
(i) the distribution of an intimate image 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 intimate image; and
(iii) the hosting company does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute, store, or cache the intimate image.
(c) A service provider, as defined in Section 76-10-1230, is not negligent under this section if it complies with Section 76-10-1231.
(5)
(a) Distribution of an intimate image is a class A misdemeanor except under Subsection (5)(b).
(b) Distribution of an intimate image is a third degree felony on a second or subsequent conviction for an offense under this section that arises from a separate criminal episode as defined in Section 76-1-401.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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