S.B. 109

1

CHILD PROTECTION REGISTRY AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to the child protection registry.
10 Highlighted Provisions:
11 This bill:
12 . modifies the definition of "contact point"; and
13 . modifies a prohibition against a communication advertising or promoting certain
14 products intended for a minor.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 13-39-102, as last amended by Laws of Utah 2006, Chapter 336
22 13-39-202, as last amended by Laws of Utah 2006, Chapter 336
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 13-39-102 is amended to read:
26 13-39-102. Definitions.
27 As used in this chapter:

28 (1) "Contact point" means an electronic identification of a resident of the state to which
29 a communication may be sent, including:
30 (a) an email address; or
31 (b) subject to Subsection 13-39-201 (2):
32 (i) an instant message identity, subject to rules made by the division under Subsection
33 13-39-203 (1);
34 (ii) a mobile or other telephone number;
35 (iii) a facsimile number; or
36 (iv) an electronic address:
37 (A) similar to a contact point listed in this Subsection (1); and
38 (B) defined as a contact point by rule made by the division under Subsection
39 13-39-203 (1).
40 (2) "Division" means the Division of Consumer Protection in the Department of
41 Commerce.
42 (3) "Registry" means the child protection registry established in Section 13-39-201 .
43 Section 2. Section 13-39-202 is amended to read:
44 13-39-202. Prohibition of sending certain materials to a registered contact point
45 -- Exception for consent.
46 (1) A person may not send, cause to be sent, or conspire with a third party to send a
47 communication to a contact point or domain that has been registered for more than 30 calendar
48 days with the division under Section 13-39-201 if the communication:
49 (a) has the primary purpose of advertising or promoting a product or service that a
50 minor:
51 (i) is prohibited by law from purchasing; [or] and
52 (ii) is able to purchase or use without a face-to-face transaction in which the minor's
53 age can be objectively verified; or
54 (b) contains or has the primary purpose of advertising or promoting material that is
55 harmful to minors, as defined in Section 76-10-1201 .
56 (2) Except as provided in Subsection (4), consent of a minor is not a defense to a
57 violation of this section.
58 (3) An Internet service provider does not violate this section for solely transmitting a

59 message across the network of the Internet service provider.
60 (4) (a) Notwithstanding Subsection (1), a person may send a communication to a
61 contact point if, before sending the communication, the person sending the communication
62 receives consent from an adult who controls the contact point.
63 (b) Any person who proposes to send a communication under Subsection (4)(a) shall:
64 (i) verify the age of the adult who controls the contact point by inspecting the adult's
65 government-issued identification card in a face-to-face transaction;
66 (ii) obtain a written record indicating the adult's consent that is signed by the adult;
67 (iii) include in each communication:
68 (A) a notice that the adult may rescind the consent; and
69 (B) information that allows the adult to opt out of receiving future communications;
70 and
71 (iv) notify the division that the person intends to send communications under this
72 Subsection (4).
73 (c) The division shall implement rules to verify that a person providing notification
74 under Subsection (4)(b)(iv) complies with this Subsection (4).




Legislative Review Note
as of 1-19-11 6:52 AM

Office of Legislative Research and General Counsel