Liability for Publishers and Distributors of Material Harmful to Minors

Utah Code tit. 78B, ch. 78B-3, pt. 78B-3-P10

in effect

Utah Code § 78B-3-1001 Definitions.

78B-3-1001. Definitions. As used in this chapter: (1) "Commercial entity" includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities. (2) "Commission" means the State Tax Commission described in Section 59-1-201. (3) "Digitized identification card" means a data file available on any mobile device which has connectivity to the internet through a state-approved application that allows the mobile device to download the data file from a state agency or an authorized agent of a state agency that contains all of the data elements visible on the face and back of a license or identification card and displays the current status of the license or identification card. (4) "Distribute" means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means. (5) "Division" means the Division of Consumer Protection created in Section 13-2-1. (6) "Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks. (7) "Material harmful to minors" means: (a) any material that the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (b) material that exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated display or depiction of any of the following, in a manner patently offensive with respect to minors: (i) pubic hair, anus, vulva, genitals, or nipple of the female breast; (ii) touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals; or (iii) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act; and (c) the material taken as a whole lacks serious literary, artistic, political, or scientific value for minors. (8) "Minor" means any person under 18 years old. (9) "News-gathering organization" means any of the following: (a) an employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subsection, who can provide documentation of such employment with the newspaper, news publication, or news source; or (b) an employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subsection, who can provide documentation of such employment. (10) "Publish" means to communicate or make information available to another person or entity on a publicly available internet website. (11) "Reasonable age verification methods" means the processes or means used by a commercial entity to verify that the person seeking to access the material is 18 years old or older including by: (a) use of a digitized identification card as defined in this section; (b) verification through an independent, third-party age verification service that compares the personal information entered by the individual who is seeking access to the material that is available from a commercially available database, or aggregate of databases, that is regularly used by government agencies and businesses for the purpose of age and identity verification; (c) any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material; or (d) any process or means established by the division by rule under Section 78B-3-1005. (12) "Substantial portion" means more than 33-1/3% of total material on a website, which meets the definition of "material harmful to minors" as defined in this section. (13) (a) "Transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. (b) "Transactional data" includes records from mortgage, education, and employment entities. Amended by Chapter 220, 2026 General Session

Utah Code § 78B-3-1002 Age verification requirement -- Retention of data -- Exceptions.

78B-3-1002. Age verification requirement -- Retention of data -- Exceptions. (1) (a) A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of material harmful to minors shall perform reasonable age verification methods to verify the age of an individual attempting to access the material. (b) There is a rebuttable presumption that a website contains a substantial portion of material harmful to minors if the commercial entity: (i) markets or brands the website as primarily providing material harmful to minors; (ii) uses a website name, domain name, or subdomain that indicates the website primarily provides material harmful to minors; or (iii) advertises or promotes material harmful to minors as a primary feature of the website. (2) A commercial entity or third party that performs the required age verification shall not retain any identifying information of the individual after access has been granted to the material. (3) An individual is considered to be accessing the website from this state if the individual is actually located in the state, regardless of whether the individual is using a virtual private network, proxy server, or other means to disguise or misrepresent the individual's geographic location to make it appear that the individual is accessing a website from a location outside this state. (4) A commercial entity that operates a website that contains a substantial portion of material harmful to minors may not facilitate or encourage the use of a virtual private network, proxy server, or other means to circumvent age verification requirements, including by providing: (a) instructions on how to use a virtual private network or proxy server to access the website; or (b) means for individuals in this state to circumvent geofencing or blocking. (5) This section shall not apply to any bona fide news or public interest broadcast, website video, report, or event and shall not be construed to affect the rights of a news-gathering organization. (6) No internet service provider, affiliate or subsidiary of an internet service provider, search engine, or cloud service provider shall be held to have violated the provisions of this section solely for providing access or connection to or from a website or other information or content on the internet, or a facility, system, or network not under that provider's control, including transmission, downloading, storing, or providing access, to the extent that such provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors. Amended by Chapter 220, 2026 General Session

Utah Code § 78B-3-1003 Liability for publishers and distributors -- Liability of a parent or guardian for repeated offenses by a minor on school grounds.

78B-3-1003. Liability for publishers and distributors -- Liability of a parent or guardian for repeated offenses by a minor on school grounds. (1) A commercial entity that is found to have violated Section 78B-3-1002 shall be liable to an individual for damages resulting from a minor's accessing the material, including court costs and reasonable attorney fees as ordered by the court. (2) A commercial entity that is found to have knowingly retained identifying information of the individual after access has been granted to the individual shall be liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney fees as ordered by the court. (3) (a) Except as provided in Subsection (3)(f), if a person suffers damages from a minor committing the same offense repeatedly on school grounds for an offense in Title 76, Criminal Offenses, or Title 80, Utah Juvenile Code, the person may bring a cause of action against a parent or guardian with legal custody of the minor to recover costs and damages caused by the repeated offense. (b) The parent or guardian is not liable for costs or damages under Subsection (3)(a) if the parent or guardian made a reasonable effort to supervise and direct the minor. (c) If a parent or guardian is found liable under this section, the court may waive part or all of the parent's or guardian's liability for costs or damages if the court finds: (i) good cause; or (ii) that the parent or guardian reported the minor's wrongful conduct to law enforcement after the parent or guardian knew of the minor's wrongful conduct. (d) A report is not required under Subsection (3)(c)(ii) from a parent or guardian if the minor was arrested or apprehended by law enforcement. (e) An adjudication or a conviction of a minor for a repeated offense under Title 76, Criminal Offenses, or Title 80, Utah Juvenile Code, is not required for a civil action to be brought under this section. (f) A person may not bring a cause of action against the state, an agency of the state, or a contracted provider of an agency of the state, under this Subsection (3). Amended by Chapter 291, 2026 General Session

Utah Code § 78B-3-1004 Enforcement powers of the division.

78B-3-1004. Enforcement powers of the division. (1) The division shall administer and enforce the provisions of this chapter, in accordance with Title 13, Chapter 2, Division of Consumer Protection. (2) The division may coordinate with the Office of the Attorney General and the Internet Crimes Against Children Task Force in conducting investigations under this section. (3) (a) In addition to the division's enforcement powers under Title 13, Chapter 2, Division of Consumer Protection: (i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (ii) the division may bring an action in court to enforce a provision of this chapter. (b) In a court action by the division to enforce a provision of this chapter, the court may: (i) declare that the act or practice violates a provision of this chapter; (ii) enjoin actions that violate this chapter; (iii) order disgorgement of any money received in violation of this chapter; (iv) order payment of disgorged money to an injured purchaser or consumer; (v) impose a civil penalty of up to $2,500 for each violation of this chapter; (vi) award actual damages to an injured purchaser or consumer; and (vii) award any other relief that the court deems reasonable and necessary. (c) If a court grants judgment or injunctive relief to the division, the court shall award the division: (i) reasonable attorney fees; (ii) court costs; and (iii) investigative fees. (4) (a) A person who violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation. (b) A civil penalty authorized under this section may be imposed in a civil action. (5) Money received for the payment of a fine or civil penalty imposed under this section shall be deposited into the Minor Online Safety Restricted Account created in Section 78B-3-1007. (6) Nothing in this chapter shall displace any other available remedies or rights authorized under the laws of this state or the United States. (7) The division shall notify the commission in writing of any commercial entity that the division determines is required to perform age verification under Section 78B-3-1002. Enacted by Chapter 220, 2026 General Session

Utah Code § 78B-3-1005 Rulemaking authority.

78B-3-1005. Rulemaking authority. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules: (1) establishing standards and processes for determining whether a website contains a substantial portion of material harmful to minors, including methodologies for calculating the percentage of material harmful to minors on a website; and (2) establishing reasonable age verification standards that commercial entities may meet to comply with Section 78B-3-1002, including standards for: (a) third-party age verification services; (b) protecting user privacy and data security; (c) verifying the reliability and accuracy of age verification methods; and (d) retaining, protecting, and securely disposing of any information obtained as a result of age verification. Enacted by Chapter 220, 2026 General Session

Utah Code § 78B-3-1006 Safe harbor.

78B-3-1006. Safe harbor. A commercial entity is deemed in compliance with the age verification requirements of Section 78B-3-1002 if the commercial entity uses an age verification method that meets the standards established by the division by rule under Section 78B-3-1005. Enacted by Chapter 220, 2026 General Session

Utah Code § 78B-3-1007 Minor Online Safety Restricted Account -- Creation -- Deposits into account -- Distribution.

78B-3-1007. Minor Online Safety Restricted Account -- Creation -- Deposits into account -- Distribution. (1) There is created within the General Fund a restricted account known as the "Minor Online Safety Restricted Account." (2) The account consists of: (a) deposits from the tax imposed under Title 59, Chapter 35, Covered Entity Excise Tax, as provided in Section 59-38-105; (b) fines and civil penalties collected under Section 78B-3-1004; (c) appropriations made to the account by the Legislature; and (d) interest and earnings on account money. (3) The Division of Finance shall deposit fines and civil penalties described in Subsection (2)(b) into the account. (4) Upon appropriation by the Legislature, money in the account shall be distributed to the Division of Consumer Protection for: (a) enforcement of age verification requirements described in Section 78B-3-1002; (b) investigations and audits of commercial entities for compliance with age verification requirements; (c) specialized equipment and facilities necessary for enforcement activities; and (d) coordination with the Office of the Attorney General and the Internet Crimes Against Children Task Force. (5) The Division of Consumer Protection shall use money distributed under Subsection (4) with the approval of the executive director of the Department of Commerce in a manner consistent with the duties of the division under this part. (6) If the balance in the account exceeds $4,000,000 at the close of any fiscal year, the excess shall be transferred to the Minor Mental Health Restricted Account created in Section 59-38-105. Enacted by Chapter 220, 2026 General Session

Utah Code § 78B-3-1008 Severability.

78B-3-1008. Severability. (1) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provision or application. (2) The provisions of this chapter are severable. Enacted by Chapter 220, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title78B/Chapter3/78B-3-P10.html?v=C78B-3-P10_2023050320230503Fetched: 10/26/2026