Utah Code 78B-6-2204. Liability
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(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:
Terms Used In Utah Code 78B-6-2204
- Contract: A legal written agreement that becomes binding when signed.
- Device: means a tablet or a smart phone sold in Utah and manufactured on or after January 1 of the year following the year this bill takes effect. See Utah Code 78B-6-2202
- Filter: means software installed on a device that is capable of preventing the device from accessing or displaying material that is harmful to minors through the Internet or any applications owned and controlled by the manufacturer and installed on the device. See Utah Code 78B-6-2202
- Harmful to minors: means the same as that term is defined in Section 76-10-1201. See Utah Code 78B-6-2202
- Manufacturer: includes a registrant as that term is defined in Section 70-3a-103. See Utah Code 78B-6-2202
- Minor: means an individual under the age of 18 who is not emancipated, married, or a member of the armed forces of the United States. See Utah Code 78B-6-2202
- 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
(1)(a) the device is activated in the state;
(1)(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
(1)(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.