Title 13 Chapter 39 Section 202

Commerce and Trade
Child Protection Registry
Section 202
Prohibition of sending certain materials to a registered contact point -- Exception for consent.

            

13-39-202.   Prohibition of sending certain materials to a registered contact point -- Exception for consent.

            (1) A person may not send, cause to be sent, or conspire with a third party to send a communication to a contact point or domain that has been registered for more than 30 calendar days with the division under Section 13-39-201 if the communication:

            (a) has the primary purpose of advertising or promoting a product or service that a minor is prohibited by law from purchasing; or

            (b) contains or has the primary purpose of advertising or promoting material that is harmful to minors, as defined in Section 76-10-1201.

            (2) Except as provided in Subsection (4), consent of a minor is not a defense to a violation of this section.

            (3) An Internet service provider does not violate this section for solely transmitting a message across the network of the Internet service provider.

            (4) (a) Notwithstanding Subsection (1), a person may send a communication to a contact point if, before sending the communication, the person sending the communication receives consent from an adult who controls the contact point.

            (b) Any person who proposes to send a communication under Subsection (4)(a) shall:

            (i) verify the age of the adult who controls the contact point by inspecting the adult's government-issued identification card in a face-to-face transaction;

            (ii) obtain a written record indicating the adult's consent that is signed by the adult;

            (iii) include in each communication:

            (A) a notice that the adult may rescind the consent; and

            (B) information that allows the adult to opt out of receiving future communications; and

            (iv) notify the division that the person intends to send communications under this Subsection (4).

            (c) The division shall implement rules to verify that a person providing notification under Subsection (4)(b)(iv) complies with this Subsection (4).


Amended by Chapter 336, 2006 General Session