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S.B. 243
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MINOR'S ACCESS TO HARMFUL MATERIAL
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ON THE INTERNET
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Scott N. Howell
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AN ACT RELATING TO THE CRIMINAL CODE; AMENDING PROVISIONS REGARDING
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MATERIAL HARMFUL TO MINORS TO INCLUDE MATERIAL AVAILABLE THROUGH
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THE INTERNET.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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76-10-1206, as last amended by Chapter 164, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-10-1206
is amended to read:
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76-10-1206. Dealing in material harmful to a minor -- Use of the Internet.
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(1) A person is guilty of dealing in [harmful] material harmful to minors when, knowing
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that a person is a minor, or having failed to exercise reasonable care in ascertaining the proper age
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of a minor, he:
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(a) intentionally distributes or offers to distribute, exhibits or offers to exhibit to a minor
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any [harmful] material harmful to [a minor] minors;
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(b) intentionally produces, presents, or directs any performance before a minor, that is
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harmful to minors; [or]
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(c) intentionally participates in any performance before a minor, that is harmful to
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minors[.]; or
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(d) intentionally by means of the Internet places, posts, or makes available to minors any
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material harmful to minors.
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(2) (a) (i) In committing an offense under Subsection (1)(d), the person is presumed to
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know that the material harmful to minors is available to minors if access is not restricted by:
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(A) requiring the use of a credit card, debit account, adult access code, or adult personal
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identification number; or
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(B) any other reasonable measures.
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(ii) A statement indicating that the site where the material is located is for adults only, or
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that it is illegal for a minor to enter the site, is not a reasonable measure to restrict access by
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minors.
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(b) Subsection (1)(d) does not apply to electronic mail, automatic mailing list services,
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news groups, chat rooms, or discussion groups.
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(c) Material under Subsection (1)(d) includes only pictures, images, or graphic image files
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that:
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(i) meet the definition of material harmful to minors under Section
76-10-1201
; and
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(ii) explicitly depict sexual conduct or simulated sexual conduct, as defined in Section
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76-5a-2
.
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(d) Subsection (1)(d) does not include an Internet service provider who:
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(i) provides a client's Internet access solely as a passive conduit; and
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(ii) does not exercise any influence or control over the content of the client's web site or
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page other than as may be authorized by the contract between the client and the Internet service
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provider.
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[(2)] (3) Each separate offense under this section is a third degree felony punishable by a
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minimum mandatory fine of not less than $300 plus $10 for each article exhibited up to the
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maximum allowed by law and by incarceration, without suspension of sentence in any way, for a
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term of not less than 14 days. This section supersedes Section
77-18-1
.
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[(3)] (4) If a defendant has already been convicted once under this section, each separate
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further offense is a second degree felony punishable by a minimum mandatory fine of not less than
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$5,000 plus $10 for each article exhibited up to the maximum allowed by law and by incarceration,
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without suspension of sentence in any way, for a term of not less than one year. This section
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supersedes Section
77-18-1
.
Legislative Review Note
as of 2-10-00 4:47 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.