13-39-202.  Prohibition of sending certain materials to a registered contact point — Exception for consent.

(1)  A person may not send, cause to be sent, or conspire with a third party to send a communication to a contact point or domain that has been registered for more than 30 calendar days with the unit under Section 13-39-201 if the communication:

Terms Used In Utah Code 13-39-202

  • Contact point: means an electronic identification to which a communication may be sent, including:
(a) an email address;
(b) an instant message identity, subject to rules made by the unit under Subsection 13-39-203(1);
(c) a mobile or other telephone number;
(d) a facsimile number; or
(e) an electronic address:
(i) similar to a contact point listed in this Subsection (2); and
(ii) defined as a contact point by rule made by the unit under Subsection 13-39-203(1). See Utah Code 13-39-102
  • Person: means :Utah Code 68-3-12.5
  • Unit: means the Internet Crimes Against Children unit within the Office of the Attorney General created in Section 67-5-21. See Utah Code 13-39-102
    • (a)  has the primary purpose of advertising or promoting a product or service that a minor is prohibited by law from purchasing; or

    (b)  contains or has the primary purpose of advertising or promoting material that is harmful to minors, as defined in Section 76-10-1201.

    (2)  Except as provided in Subsection (4), consent of a minor is not a defense to a violation of this section.

    (3)  An Internet service provider does not violate this section for solely transmitting a message across the network of the Internet service provider.

    (4) 

    (a)  Notwithstanding Subsection (1), a person may send a communication to a contact point if, before sending the communication, the person sending the communication receives consent from an adult who controls the contact point.

    (b)  Any person who proposes to send a communication under Subsection (4)(a) shall:

    (i)  verify the age of the adult who controls the contact point by inspecting the adult’s government-issued identification card in a face-to-face transaction;

    (ii)  obtain a written record indicating the adult’s consent that is signed by the adult;

    (iii)  include in each communication:

    (A)  a notice that the adult may rescind the consent; and

    (B)  information that allows the adult to opt out of receiving future communications; and

    (iv)  notify the unit that the person intends to send communications under this Subsection (4).

    (c)  The unit shall implement rules to verify that a person providing notification under Subsection (4)(b)(iv) complies with this Subsection (4).

    Amended by Chapter 356, 2019 General Session

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