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S.B. 243
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6 AN ACT RELATING TO THE CRIMINAL CODE; AMENDING PROVISIONS REGARDING
7 MATERIAL HARMFUL TO MINORS TO INCLUDE MATERIAL AVAILABLE THROUGH
8 THE INTERNET.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-10-1206, as last amended by Chapter 164, Laws of Utah 1997
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-10-1206 is amended to read:
14 76-10-1206. Dealing in material harmful to a minor -- Use of the Internet.
15 (1) A person is guilty of dealing in [
16 that a person is a minor, or having failed to exercise reasonable care in ascertaining the proper age
17 of a minor, he:
18 (a) intentionally distributes or offers to distribute, exhibits or offers to exhibit to a minor
19 any [
20 (b) intentionally produces, presents, or directs any performance before a minor, that is
21 harmful to minors; [
22 (c) intentionally participates in any performance before a minor, that is harmful to
23 minors[
24 (d) intentionally by means of the Internet places, posts, or makes available to minors any
25 material harmful to minors.
26 (2) (a) (i) In committing an offense under Subsection (1)(d), the person is presumed to
27 know that the material harmful to minors is available to minors if access is not restricted by:
28 (A) requiring the use of a credit card, debit account, adult access code, or adult personal
29 identification number; or
30 (B) any other reasonable measures.
31 (ii) A statement indicating that the site where the material is located is for adults only, or
32 that it is illegal for a minor to enter the site, is not a reasonable measure to restrict access by
33 minors.
34 (b) Subsection (1)(d) does not apply to electronic mail, automatic mailing list services,
35 news groups, chat rooms, or discussion groups.
36 (c) Material under Subsection (1)(d) includes only pictures, images, or graphic image files
37 that:
38 (i) meet the definition of material harmful to minors under Section 76-10-1201 ; and
39 (ii) explicitly depict sexual conduct or simulated sexual conduct, as defined in Section
40 76-5a-2 .
41 (d) Subsection (1)(d) does not include an Internet service provider who:
42 (i) provides a client's Internet access solely as a passive conduit; and
43 (ii) does not exercise any influence or control over the content of the client's web site or
44 page other than as may be authorized by the contract between the client and the Internet service
45 provider.
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47 minimum mandatory fine of not less than $300 plus $10 for each article exhibited up to the
48 maximum allowed by law and by incarceration, without suspension of sentence in any way, for a
49 term of not less than 14 days. This section supersedes Section 77-18-1 .
50 [
51 further offense is a second degree felony punishable by a minimum mandatory fine of not less than
52 $5,000 plus $10 for each article exhibited up to the maximum allowed by law and by incarceration,
53 without suspension of sentence in any way, for a term of not less than one year. This section
54 supersedes Section 77-18-1 .
Legislative Review Note
as of 2-10-00 4:47 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.