Operation of the Child Protection Registry

Utah Code tit. 13, ch. 13-39, pt. 13-39-P2

in effect

Utah Code § 13-39-201 Establishment of child protection registry.

13-39-201. Establishment of child protection registry. (1) The unit shall: (a) establish and operate a child protection registry to compile and secure a list of contact points the unit has received pursuant to this section; or (b) contract with a third party to establish and secure the registry described in Subsection (1)(a). (2) (a) A person may register a contact point with the unit pursuant to rules established by the unit under Subsection 13-39-203(1) if: (i) the contact point belongs to a minor; (ii) a minor has access to the contact point; or (iii) the contact point is used in a household in which a minor is present. (b) A school or other institution that primarily serves minors may register its domain name with the unit pursuant to rules made by the unit under Subsection 13-39-203(1). (c) The unit shall provide a disclosure in a confirmation message sent to a person who registers a contact point under this section that reads: "No solution is completely secure. The most effective way to protect children on the Internet is to supervise use and review all email messages and other correspondence. Under law, theft of a contact point from the Child Protection Registry is a second degree felony. While every attempt will be made to secure the Child Protection Registry, registrants and their guardians should be aware that their contact points may be at a greater risk of being misappropriated by marketers who choose to disobey the law." (3) A person desiring to send a communication described in Subsection 13-39-202(1) to a contact point or domain shall: (a) use a mechanism established by rule made by the unit under Subsection 13-39-203(2); and (b) pay a fee for use of the mechanism described in Subsection (3)(a) determined by the unit in accordance with Section 63J-1-504. (4) The unit may implement a program to offer discounted compliance fees to senders who meet enhanced security conditions established and verified by the division, the third party registry provider, or a designee. (5) The contents of the registry, and any complaint filed about a sender who violates this chapter, are not subject to public disclosure under Title 63G, Chapter 2, Government Records Access and Management Act. (6) The state shall promote the registry on the state's official Internet website. Amended by Chapter 356, 2019 General Session

Utah Code § 13-39-202 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 unit 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 76-5c-101. (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 unit that the person intends to send communications under this Subsection (4). (c) The unit shall implement rules to verify that a person providing notification under Subsection (4)(b)(iv) complies with this Subsection (4). Amended by Chapter 173, 2025 General Session

Utah Code § 13-39-203 Rulemaking authority.

13-39-203. Rulemaking authority. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the unit shall make rules to establish procedures under which: (1) (a) a person may register a contact point with the unit under Section 13-39-201, including: (i) the information necessary to register an instant message identity; and (ii) for purposes of Subsection 13-39-102(2)(e), an electronic address that is similar to a contact point listed in Subsection 13-39-102(2); and (b) a school or other institution that primarily serves minors may register its domain name with the unit under Section 13-39-201; (2) the unit shall: (a) provide a mechanism under which a person described in Subsection 13-39-201(3) may verify compliance with the registry to remove registered contact points from the person's communications; and (b) establish the mechanism described in Subsection (2)(a) in a manner that protects the privacy and security of a contact point registered with the unit under Section 13-39-201; and (3) the unit may: (a) implement a program offering discounted fees to a sender who meets enhanced security conditions established and verified by the unit, the third party registry provider, or a designee; and (b) allow the third party registry provider to assist in any public or industry awareness campaign promoting the registry. Amended by Chapter 356, 2019 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title13/Chapter39/13-39-P2.html?v=C13-39-P2_1800010118000101Fetched: 10/26/2026