Utah Code 78B-6-2603. Manufacturer liability
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(1) A manufacturer of a device is subject to civil liability if:
Terms Used In Utah Code 78B-6-2603
- Device: means a tablet or a smart phone manufactured on or after January 1, 2025. See Utah Code 78B-6-2601
- Filter: means generally accepted and commercially reasonable software used on a device that is capable of preventing the device from accessing or displaying obscene material through Internet browsers or search engines owned or controlled by the manufacturer in accordance with prevailing industry standards including blocking known websites linked to obscene content via mobile data networks, wired Internet networks, and wireless Internet networks. See Utah Code 78B-6-2601
- Manufacturer: means a person that:(5)(a)(5)(a)(i) is engaged in the business of manufacturing a device;(5)(a)(ii) holds the patents for the device the person manufactures; or(5)(a)(iii) holds the patents for the operating system on a device; and(5)(b) has a commercial registered agent as that term is defined in Section
16-17-102 . See Utah Code 78B-6-2601- 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-6-2601
- Retailer: includes an employee of a retailer acting in the course and scope of the employee's employment. See Utah Code 78B-6-2601
- 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
- Video game console: means a discrete computing system, including the system's components and peripherals, primarily used for playing video games, but does not include a smartphone or tablet. See Utah Code 78B-6-2601
(1)(a) a 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 Section78B-6-2602 ; and(1)(c) the minor accesses material that is obscene on the device.
(2) 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 filter in accordance with Section 78B-6-2602 .
(3) Nothing in this part:
(3)(a) applies to a device manufactured before January 1, 2025;
(3)(b) applies to a video game console; or
(3)(c) creates a cause of action against a retailer of a device.