(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 the state, enable a filter that complies with the requirements described in Section 78B-6-2203; and
- (c) the minor accesses material that is harmful to minors on the device.
- (2) Nothing in this part affects any private right of action existing under other law, including contract.
- (3) Notwithstanding Subsection (1), this section does not apply to a manufacturer that makes a good faith effort to provide a device that, upon activation of the device in the state, automatically enables a generally accepted and commercially reasonable method of filtration in accordance with this part and industry standards.
Enacted by Chapter 416, 2021 General Session
Revisor instructions Chapter 416, 2021 General Session