Utah State Legislator Proposes New Porn Tax
Sen. Calvin R. Musselman’s SB 73 would levy a new 7% tax on the gross receipts of “all sales, distributions, memberships, subscriptions, performances, and content amounting to material harmful to minors” that is produced, sold, filmed, generated or “otherwise based” in Utah.
The bill would also mandate that adult sites provide notification to the state’s Division of Consumer Protection and pay an annual fee of $500.
As XBIZ reported in July 2025, Alabama recently imposed a similar 10% tax. State senators in Pennsylvania recently floated the idea of doing the same, citing “successful approaches in other jurisdictions,” but have not yet introduced legislation to that effect.
Industry attorney Lawrence Walters told XBIZ that the courts have historically been reluctant to uphold taxes based on the content of protected speech.
“In one recent case, the Georgia Supreme Court upheld a 1% gross revenue tax on adult entertainment establishments in the face of a constitutional challenge,” Walters noted. “But the court reasoned that the tax was justified not based on the entertainment content produced by the businesses, but on the alleged ‘adverse secondary effects’ of physical adult establishments, such as prostitution and child exploitation.”
Such an analysis, Walters explained, would not likely be applicable to the proposed Utah tax, since it targets the primary effects of adult content.
“There are no recognized adverse secondary effects of online adult entertainment businesses,” Walters pointed out. “Accordingly, the Utah bill, if adopted, could be subject to a constitutional challenge as a violation of the First Amendment.”
Walters additionally observed that the bill's classification of material "sold" in Utah as "based" in Utah could create problems with the Dormant Commerce Clause, as a state-level attempt to regulate and tax interstate commerce.
Revenue from the new tax would be directed to the state’s Department of Health and Human Services for use in providing mental health prevention, treatment, and recovery services and support for teens.
Revenue from the “notification fee” would be used to monitor sites’ compliance with the requirements of Utah’s age verification law, SB 287, which went into effect in January 2023 and was ultimately upheld by a U.S. court of appeals after the Free Speech Coalition challenged the law.
