7 LONG TITLE
8 General Description:
9 This bill amends the Judicial Code to provide for a cause of action for minors injured
10 by pornography.
11 Highlighted Provisions:
12 This bill:
13 ▸ enacts definitions;
14 ▸ provides exemptions;
15 ▸ establishes liability;
16 ▸ provides a safe harbor; and
17 ▸ addresses damages and class actions.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 78B-6-2100, Utah Code Annotated 1953
25 78B-6-2101, Utah Code Annotated 1953
26 78B-6-2102, Utah Code Annotated 1953
27 78B-6-2103, Utah Code Annotated 1953
28 78B-6-2104, Utah Code Annotated 1953
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 78B-6-2100 is enacted to read:
33 78B-6-2100. Title.
34 This part is known as "Cause of Action for Minors Injured by Pornographic Material."
35 Section 2. Section 78B-6-2101 is enacted to read:
36 78B-6-2101. Definitions.
37 As used in this part:
38 (1) "Minor" means an individual less than 18 years of age.
39 (2) "Pornographic material" means material that:
40 (a) the average person, applying contemporary community standards, finds that, taken
41 as a whole, appeals to prurient interest in sex;
42 (b) is patently offensive in the description or depiction of nudity, sexual conduct,
43 sexual excitement, sadomasochistic abuse, or excretion; and
44 (c) taken as a whole does not have serious literary, artistic, political, or scientific value.
45 Section 3. Section 78B-6-2102 is enacted to read:
46 78B-6-2102. Exemptions.
47 (1) If the conditions of Subsection (2) are met, this part does not apply to:
48 (a) the following, as defined in the Communications Act of 1934, as amended:
49 (i) an interactive computer service;
50 (ii) a telecommunications service, information service, or mobile service, including a
51 commercial mobile service; or
52 (iii) a multichannel video programming distributor;
53 (b) an Internet service provider;
54 (c) a provider of an electronic communications service;
55 (d) a distributor of Internet-based video services;
56 (e) a host company as defined in Section 76-10-1230; or
57 (f) a distributor of electronic or computerized game software that users manipulate
58 through interactive devices.
59 (2) This part does not apply to an entity described in Subsection (1) if:
60 (a) the distribution of pornographic material by the entity occurs only incidentally
61 through the entity's function of:
62 (i) transmitting or routing data from one person to another person;
63 (ii) providing a connection between one person and another person; or
64 (iii) providing data storage space or data caching to a person;
65 (b) the entity does not intentionally aid or abet in the distribution of the pornographic
66 material; and
67 (c) the entity does not knowingly receive from or through a person who distributes the
68 pornographic material a fee greater than the fee generally charged by the entity, as a specific
69 condition for permitting the person to distribute the pornographic material.
70 Section 4. Section 78B-6-2103 is enacted to read:
71 78B-6-2103. Liability -- Safe harbor.
72 (1) A person who predominately distributes or otherwise predominately provides
73 pornographic material to consumers is liable to a person if:
74 (a) at the time the pornographic material is viewed by the person, the person is a minor;
76 (b) the pornographic material is the proximate cause for the person being harmed
77 physically or psychologically, or by emotional or medical illnesses as a result of that
78 pornographic material.
79 (2) Nothing in this part affects any private right of action existing under other law,
80 including contract.
81 (3) Notwithstanding Subsection (1), a person who distributes or otherwise provides
82 pornographic material is not liable under this section if the person who distributes or otherwise
83 provides pornographic material:
84 (a) provides a warning that:
85 (i) is conspicuous;
86 (ii) appears before the pornographic material can be accessed; and
87 (iii) consists of a good faith effort to warn persons accessing the pornographic material
88 that the pornographic material may be harmful to minors; and
89 (b) makes a good faith effort to verify the age of a person accessing the pornographic
91 (4) Subsection (3) may not be interpreted as exempting a person from complying with
92 Title 13, Chapter 39, Child Protection Registry.
93 Section 5. Section 78B-6-2104 is enacted to read:
94 78B-6-2104. Damages -- Class action.
95 (1) If a court finds that a person violates Section 78B-6-2103, the court may award the
97 (a) actual damages; and
98 (b) punitive damages, if it is proven that the person targeted minors.
99 (2) A class action may be brought under this part in accordance with Utah Rules of
100 Civil Procedure, Rule 23.