77-22-2.5.   Subpoenas for investigation of Internet sexual offenses against minors -- Content of the subpoena -- Fee for providing information.
     (1) As used in this section:
     (a) "Internet service provider" has the same definition as in Section 76-10-1230.
     (b) "Prosecutor" has the same definition as in Section 77-22-2.
     (c) "Sexual offense against a minor" means:
     (i) sexual exploitation of a minor as defined in Section 76-5a-3 or attempted sexual exploitation of a minor;
     (ii) a sexual offense or attempted sexual offense committed against a minor in violation of Title 76, Chapter 5, Part 4, Sexual Offenses; or
     (iii) dealing in or attempting to deal in material harmful to a minor in violation of Section 76-10-1206.
     (2) When a law enforcement agency is investigating a sexual offense against a minor and has reasonable suspicion that an Internet protocol address has been used in the commission of the offense, the prosecutor may issue an administrative subpoena, consistent with 18 U.S.C. 2703, to the Internet service provider that owns or controls the Internet protocol address, requiring the production of the following information, if available, upon providing in the subpoena the Internet protocol address and the dates and times the address was suspected of being used in the commission of the offense:
     (a) names;
     (b) addresses;
     (c) local and long distance telephone connections;
     (d) records of session times and durations;
     (e) length of service, including the start date and types of service utilized;
     (f) telephone or other instrument subscriber numbers or other subscriber identifiers, including any temporarily assigned network address; and
     (g) means and sources of payment for the service, including any credit card or bank account numbers.
     (3) A subpoena issued under this section shall state that the Internet service provider shall produce any records under Subsection (2) that are reasonably relevant to the investigation of the suspected sexual offense against a minor as described in the subpoena.
     (4) (a) An Internet service provider that provides information in response to a subpoena issued under this section may charge a fee, not to exceed the actual cost, for providing the information.
     (b) The law enforcement agency conducting the investigation shall pay the fee.
     (5) The Internet service provider served with or responding to the subpoena may not disclose the subpoena to the account holder identified pursuant to the subpoena.
     (6) If the Internet service provider served with the subpoena does not own or control the Internet protocol address that is the subject of the subpoena, the provider shall:
     (a) notify the investigating law enforcement agency that it does not have the information; and
     (b) provide to the investigating law enforcement agency any information the provider may have regarding how to locate the Internet service provider that does own or control the Internet protocol address.
     (7) (a) Every prosecutorial agency that has issued any subpoenas under this section shall

prepare a written report each year on or before June 30 listing the number of administrative subpoenas issued.
     (b) The report shall be submitted to the Utah Commission on Criminal and Juvenile Justice on or before August 31 of the same year.

Enacted by Chapter 28, 2009 General Session
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Last revised: Thursday, May 28, 2009