§ 78B-3-1001 Definitions
§ 78B-3-1002 Liability for publishers and distributors — Age verification — Retention of data — Exceptions
§ 78B-3-1003 Liability of a parent or guardian for repeated offenses by a minor on school grounds

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Terms Used In Utah Code > Title 78B > Chapter 3 > Part 10 - Liability for Publishers and Distributors of Material Harmful to Minors

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commercial entity: includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities. See Utah Code 78B-3-1001
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:
         (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
         (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
  • Internet: means the international computer network of both federal and non-federal interoperable packet switched data networks. See Utah Code 78B-3-1001
  • Minor: means any person under 18 years old. See Utah Code 78B-3-1001
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • News-gathering organization: means any of the following:
         (7)(a) an employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subsection, who can provide documentation of such employment with the newspaper, news publication, or news source; or
         (7)(b) an employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subsection, who can provide documentation of such employment. See Utah Code 78B-3-1001
  • 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
  • Reasonable age verification methods: means verifying that the person seeking to access the material is 18 years old or older by using any of the following methods:
         (9)(a) use of a digitized information card as defined in this section;
         (9)(b) verification through an independent, third-party age verification service that compares the personal information entered by the individual who is seeking access to the material that is available from a commercially available database, or aggregate of databases, that is regularly used by government agencies and businesses for the purpose of age and identity verification; or
         (9)(c) any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material. See Utah Code 78B-3-1001
  • 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
  • Substantial portion: means more than 33-1/3% of total material on a website, which meets the definition of "material harmful to minors" as defined in this section. See Utah Code 78B-3-1001
  • Transactional data: includes records from mortgage, education, and employment entities. See Utah Code 78B-3-1001