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

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 acommunication to a contact point or domain that has been registered for more than 30 calendardays 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 minoris prohibited by law from purchasing; or
(b) contains or has the primary purpose of advertising or promoting material that isharmful 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 aviolation of this section.
(3) An Internet service provider does not violate this section for solely transmitting amessage across the network of the Internet service provider.
(4) (a) Notwithstanding Subsection (1), a person may send a communication to a contactpoint if, before sending the communication, the person sending the communication receivesconsent 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'sgovernment-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 thisSubsection (4).
(c) The division shall implement rules to verify that a person providing notification underSubsection (4)(b)(iv) complies with this Subsection (4).

Amended by Chapter 336, 2006 General Session