House of Representatives
State of Utah
UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL
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P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029
January 30, 2009
Mr. Speaker:
The Judiciary Committee reports a favorable recommendation on H.B. 97, SEXUAL
EXPLOITATION OF A MINOR, by Representative R. Bigelow, with the following amendments:
Respectfully,
Lorie D. Fowlke
Voting: 12-0-1
1. Page
1, Line 13
:
13
child pornography
. provides that entities, their employees, and law enforcement officers who
are acting in good faith to investigate, monitor for, or report child
pornography are not considered to have violated any civil or criminal
provision regarding sexual exploitation of a minor
2. Page
1, Line 26 through Page 2, Line 28
:
26
(a) when the person
(i)
distributes, views,
}
possesses, or possesses
27
with intent to distribute
,
}
child pornography;
or
(ii) intentionally distributes or views
28
(b) if the person is a minor's parent or legal guardian and knowingly consents to or
3. Page
2, Line 38
:
38
the visual depiction.
(5) This section may not be construed to impose criminal or civil liability on:
(a) any entity or an employee, director, officer, or agent of an entity when
acting within the scope of employment, for the good faith performance of:
(i) reporting or data preservation duties required under any federal or state
law; or
(ii) implementing a policy of attempting to prevent the presence of child
pornography on any tangible or intangible property, or of detecting and reporting
the presence of child pornography on the property; or
(b) any law enforcement officer acting within the scope of a criminal
investigation.
Committee Chair
3 HB0097.HC1.wpd 1/30/09 3:30 pm jdhowe/JDH SCA/SES
Bill Number
*HB0097*
HB0097