(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:

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Terms Used In Utah Code 13-39-202

  • Contact point: means an electronic identification to which a communication may be sent, including:
         (2)(a) an email address;
         (2)(b) an instant message identity, subject to rules made by the unit under Subsection 13-39-203(1);
         (2)(c) a mobile or other telephone number;
         (2)(d) a facsimile number; or
         (2)(e) an electronic address:
              (2)(e)(i) similar to a contact point listed in this Subsection (2); and
              (2)(e)(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 :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See 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
     (1)(a) has the primary purpose of advertising or promoting a product or service that a minor is prohibited by law from purchasing; or
     (1)(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)

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

          (4)(b)(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;
          (4)(b)(ii) obtain a written record indicating the adult’s consent that is signed by the adult;
          (4)(b)(iii) include in each communication:

               (4)(b)(iii)(A) a notice that the adult may rescind the consent; and
               (4)(b)(iii)(B) information that allows the adult to opt out of receiving future communications; and
          (4)(b)(iv) notify the unit that the person intends to send communications under this Subsection (4).
     (4)(c) The unit shall implement rules to verify that a person providing notification under Subsection (4)(b)(iv) complies with this Subsection (4).
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