(1) An online dating service provider that offers services to residents of this state and does not conduct a criminal background screening on each member shall, before permitting a Utah member to communicate through the online dating service provider with another member, clearly and conspicuously disclose to the Utah member that the online dating service provider does not conduct a criminal background screening on each member.

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Terms Used In Utah Code 13-67-103

  • Conviction: A judgement of guilt against a criminal defendant.
  • Criminal background screening: means a name search for an individual's criminal conviction and is conducted by searching:
         (2)(a) available and regularly updated government public record databases that in the aggregate provide national coverage for criminal conviction records; or
         (2)(b) a regularly updated database with national coverage of criminal conviction records and sexual offender registries maintained by a private vendor. See Utah Code 13-67-101
  • Member: means an individual who submits to an online dating service provider the information required by the online dating service provider to access the online dating service provider's online dating service. See Utah Code 13-67-101
  • Online dating service: means a product or service that is:
         (7)(a) conducted through a website or a mobile application; and
         (7)(b) primarily marketed and intended to offer a member access to dating or romantic relationships with another member by arranging or facilitating the social introduction of members. See Utah Code 13-67-101
  • Online dating service provider: means a person predominately engaged in the business of offering an online dating service. See Utah Code 13-67-101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Utah member: means a member who provides a Utah billing address or zip code when registering with an online dating service provider. See Utah Code 13-67-101
(2) An online dating service provider that offers services to residents of this state and conducts a criminal background screening on each member shall, before permitting a Utah member to communicate through the provider with another member, clearly and conspicuously:

     (2)(a) disclose to the Utah member that the online dating service provider conducts a criminal background screening on each member; and
     (2)(b) include on the online dating service provider’s website or mobile application:

          (2)(b)(i) a statement of whether the online dating service provider excludes from the online dating service provider’s online dating service an individual who is identified as having a criminal conviction; and
          (2)(b)(ii) a statement that a criminal background screening:

               (2)(b)(ii)(A) may be inaccurate or incomplete;
               (2)(b)(ii)(B) may give a member a false sense of security; and
               (2)(b)(ii)(C) may be circumvented by an individual who has a criminal history.