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 2100 – Title.
Effective 5/9/2017 78B-6-2100. Title. This part is known as “Cause of Action for Minors Injured by Pornographic Material.” Enacted by Chapter 464, 2017 General Session
Section 2101 – Definitions.
Effective 5/9/2017 78B-6-2101. Definitions. As used in this part: (1) “Minor” means an individual less than 18 years of age. (2) “Pornographic material” means material that: (a) the average person, applying contemporary community standards, finds that, taken as a whole, appeals to prurient interest in sex; (b) is patently offensive in the description or depiction […]
Section 2102 – Exemptions.
Effective 5/9/2017 78B-6-2102. Exemptions. (1) If the conditions of Subsection (2) are met, this part does not apply to: (a) the following, as defined in the Communications Act of 1934, as amended: (i) an interactive computer service; (ii) a telecommunications service, information service, or mobile service, including a commercial mobile service; or (iii) a multichannel […]
Section 2103 – Liability — Safe harbor.
Effective 5/12/2020 78B-6-2103. Liability — Safe harbor. (1) A person who is not exempt under Section 78B-6-2102, and who predominately distributes or otherwise predominately provides pornographic material to consumers is liable to a person if: (a) at the time the pornographic material is viewed by the person, the person is a minor; and (b) the […]
Section 2104 – Damages — Class action.
Effective 5/12/2020 78B-6-2104. Damages — Class action. (1) If a court finds that a person is violating Section 78B-6-2103, the court may award the plaintiff: (a) actual damages; and (b) punitive damages, if it is proven that the person targeted minors. (2) A class action may be brought under this part in accordance with Utah […]