Section 2303 – Civil action — Injunction — Damages — Immunity.
Effective 5/4/2022 78B-6-2303. Civil action — Injunction — Damages — Immunity. (1) A person who is harmed by a local or state governmental entity that makes or causes to be enforced a directive in violation of legislative firearm preemption may submit a written communication to the local or state governmental entity that harmed the person […]
Section 2105 – Civil action for enforcement — Penalties.
Effective 5/12/2020 78B-6-2105. Civil action for enforcement — Penalties. (1) A person who predominately distributes or otherwise predominately provides pornographic material to consumers with the intent to earn revenue or profit directly or indirectly from the distribution may not distribute any obscene material or performance as defined in Section 76-10-1203 without first giving a clear […]
Section 2201 – Title.
(Contingently Effective) Affected by 63I-2-278 on 1/1/2031 (Contingently Effective) 78B-6-2201. Title. This part is known as “Cause of Action to Protect Minors from Unfiltered Devices.” Enacted by Chapter 416, 2021 General SessionRevisor instructions Chapter 416, 2021 General Session
Section 2202 – Definitions.
(Contingently Effective) Affected by 63I-2-278 on 1/1/2031 (Contingently Effective) 78B-6-2202. Definitions. As used in this part: (1) “Activate” means the process of powering on a device and associating it with a new user account. (2) “Device” means a tablet or a smart phone sold in Utah and manufactured on or after January 1 of the […]
Section 2203 – Filter required.
(Contingently Effective) Affected by 63I-2-278 on 1/1/2031 (Contingently Effective) 78B-6-2203. Filter required. Beginning on January 1 of the year following the year this bill takes effect, a manufacturer shall manufacture a device that, when activated in the state, automatically enables a filter that: (1) when enabled, prevents the user from accessing or downloading material that […]
Section 2204 – Liability.
(Contingently Effective) Affected by 63I-2-278 on 1/1/2031 (Contingently Effective) 78B-6-2204. Liability. (1) Beginning January 1 of the year following the year this bill takes effect, a manufacturer of a device is liable to a minor in the state if: (a) the device is activated in the state; (b) the device does not, upon activation in […]
Section 2205 – Damages — Class action.
(Contingently Effective) Affected by 63I-2-278 on 1/1/2031 (Contingently Effective) 78B-6-2205. Damages — Class action. (1) If a court finds that a manufacturer is liable under Section 78B-6-2204, the court may award the plaintiff actual damages. (2) A class action may be brought under this part in accordance with Utah Rules of Civil Procedure, Rule 23. […]
Section 2206 – Civil action for enforcement — Penalties.
(Contingently Effective) Affected by 63I-2-278 on 1/1/2031 (Contingently Effective) 78B-6-2206. Civil action for enforcement — Penalties. (1) (a) A manufacturer that is found liable under Section 78B-6-2204 shall be: (i) liable for civil penalties not to exceed $10 per violation, plus filing fees and attorney fees, in addition to any other penalty established by law; […]
Section 2301 – Definitions.
Effective 5/4/2022 78B-6-2301. Definitions. As used in this part: (1) “Directive” means an ordinance, regulation, measure, rule, enactment, order, or policy issued, enacted, or required by a local or state governmental entity. (2) “Firearm” means the same as that term is defined in Section 53-5a-102. (3) “Legislative firearm preemption” means the preemption provided for in […]
Section 2302 – Violation of legislative preemption — Exceptions.
Effective 5/4/2022 78B-6-2302. Violation of legislative preemption — Exceptions. (1) A local or state governmental entity may not enact or enforce a directive that violates legislative firearm preemption. (2) This part does not prohibit the enactment or enforcement of a directive: (a) by a law enforcement agency if the directive pertains to a firearm issued […]