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

316 words·~1 min read·/ut/title-13/chapter-39/13-39-202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(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.

(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