Representative Craig Hall proposes the following substitute bill:




Chief Sponsor: Craig Hall

Senate Sponsor: Todd Weiler

6     Cosponsor:
Marie H. Poulson


9     General Description:
10          This bill modifies the law regarding child pornography.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires that a computer technician who finds child pornography in the course of the
14     technician's work shall report the finding to law enforcement or the federal cyber tip
15     line for child pornography;
16          ▸     provides that an employer may establish a procedure for the computer technician
17     employee to report to a designated employee who will report the child pornography;
18          ▸     provides that the willful failure to report the child pornography is a class B
19     misdemeanor;
20          ▸     provides immunity for a computer technician who reports in good faith or acting in
21     good faith does not make a report; and
22          ▸     specifies that Internet service providers, including hosting services, are not liable
23     under this section if the provider reports child pornography in compliance with
24     specified federal law.

25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     ENACTS:
31          76-10-1204.5, Utah Code Annotated 1953

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 76-10-1204.5 is enacted to read:
35          76-10-1204.5. Reporting of child pornography by a computer technician.
36          (1) As used in this section:
37          (a) "Child pornography" means the same as that term is defined in Section 76-5b-103.
38          (b) "Computer technician" or "technician" means an individual who in the course and
39     scope of the individual's employment for compensation installs, maintains, troubleshoots,
40     upgrades, or repairs computer hardware, software, personal computer networks, or peripheral
41     equipment.
42          (c) "Image" means an image of child pornography or an image that a computer
43     technician reasonably believes is child pornography.
44          (2) (a) A computer technician who in the course of employment for compensation
45     views an image on a computer or other electronic device that is or appears to be child
46     pornography shall immediately report the finding of the image to:
47          (i) a state or local law enforcement agency, or the Cyber Tip Line at the National
48     Center for Missing and Exploited Children; or
49          (ii) an employee designated by the employer of the computer technician in accordance
50     with Subsection (3).
51          (b) A computer technician who willfully does not report an image as required under
52     Subsection (2)(a) is guilty of a class B misdemeanor.
53          (c) The identity of the computer technician who reports an image shall be confidential,
54     except as necessary for the criminal investigation and the judicial process.
55          (d) (i) If the computer technician makes or does not make a report under this section in

56     good faith, the technician is immune from any criminal or civil liability related to reporting or
57     not reporting the image.
58          (ii) In this Subsection (2)(d), good faith may be presumed from an employee's or
59     employer's previous course of conduct when the employee or employer has made appropriate
60     reports.
61          (e) It is a defense to prosecution under this section that the computer technician did not
62     report the image because the technician reasonably believed the image did not depict a person
63     younger than 18 years of age.
64          (3) (a) An employer of a computer technician may implement a procedure that
65     requires:
66          (i) the computer technician report an image as is required under Subsection (2)(a) to an
67     employee designated by the employer to receive the report of the image; and
68          (ii) the designated employee to immediately forward the report provided by the
69     computer technician to an agency under Subsection (2)(a)(1).
70          (b) Compliance by the computer technician and the designated employee with the
71     reporting process under Subsection (3)(a) is compliance with the reporting requirement of this
72     section and establishes immunity under Subsection (2)(d).
73          (4) This section does not apply to an Internet service provider or interactive computer
74     service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic communications
75     service as defined in 18 U.S.C. Sec. 2510, a telecommunications service, information service,
76     or mobile service as defined in 47 U.S.C. Sec. 153, including a commercial mobile service as
77     defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if the
78     provider reports the image in compliance with 18 U.S.C. 2258A or a successor federal statute
79     that requires reporting by a provider of an image of child pornography.