Utah Code 78B-6-2102. Exemptions
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(1) If the conditions of Subsection (2) are met, this part does not apply to:
Terms Used In Utah Code 78B-6-2102
- 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
- Pornographic material: means material that:(2)(a) the average person, applying contemporary community standards, finds that, taken as a whole, appeals to prurient interest in sex;(2)(b) is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and(2)(c) taken as a whole does not have serious literary, artistic, political, or scientific value. See Utah Code 78B-6-2101
(1)(a) the following, as defined in the Communications Act of 1934, as amended:
(1)(a)(i) an interactive computer service;
(1)(a)(ii) a telecommunications service, information service, or mobile service, including a commercial mobile service; or
(1)(a)(iii) a multichannel video programming distributor;
(1)(b) an Internet service provider;
(1)(c) a provider of an electronic communications service;
(1)(d) a distributor of Internet-based video services;
(1)(e) a host company as defined in Section 76-10-1230 ; or
(1)(f) a distributor of electronic or computerized game software that users manipulate through interactive devices.
(2) This part does not apply to an entity described in Subsection (1) if:
(2)(a) the distribution of pornographic material by the entity occurs only incidentally through the entity’s function of:
(2)(a)(i) transmitting or routing data from one person to another person;
(2)(a)(ii) providing a connection between one person and another person; or
(2)(a)(iii) providing data storage space or data caching to a person; and
(2)(b) the entity does not intentionally aid or abet in the distribution of the pornographic material.