Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 155 Second Substitute (2016GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 3/28/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires that a computer technician who finds child pornography in the course of the technician's work shall report the finding to law enforcement or the federal Cyber Tip Line for child pornography;
• provides that an employer may establish a procedure for the computer technician employee to report to a designated employee who will report the child pornography;
• provides that the willful failure to report the child pornography is a class B misdemeanor;
• provides immunity for a computer technician who reports in good faith or acting in good faith does not make a report; and
• specifies that Internet service providers, including hosting services, are not liable under this section if the provider reports child pornography in compliance with specified federal law.

Every vote on this bill

Bill text

REPORTING OF CHILD PORNOGRAPHY
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
Todd Weiler
Cosponsor:
Marie H. Poulson
LONG TITLE
General Description:
This bill modifies the law regarding child pornography.
Highlighted Provisions:
This bill:
▸ requires that a computer technician who finds child pornography in the course of the
technician's work shall report the finding to law enforcement or the federal Cyber
Tip Line for child pornography;
▸ provides that an employer may establish a procedure for the computer technician
employee to report to a designated employee who will report the child pornography;
▸ provides that the willful failure to report the child pornography is a class B
misdemeanor;
▸ provides immunity for a computer technician who reports in good faith or acting in
good faith does not make a report; and
▸ specifies that Internet service providers, including hosting services, are not liable
under this section if the provider reports child pornography in compliance with
specified federal law.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-10-1204.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-1204.5
 is enacted to read:
 76-10-1204.5.
Reporting of child pornography by a computer technician.
(1) As used in this section:
(a) "Child pornography" means the same as that term is defined in Section 
76-5b-103
.
(b) "Computer technician" or "technician" means an individual who in the course and
scope of the individual's employment for compensation installs, maintains, troubleshoots,
upgrades, or repairs computer hardware, software, personal computer networks, or peripheral
equipment.
(c) "Image" means an image of child pornography or an image that a computer
technician reasonably believes is child pornography.
(2) (a) A computer technician who in the course of employment for compensation
views an image on a computer or other electronic device that is or appears to be child
pornography shall immediately report the finding of the image to:
(i) a state or local law enforcement agency, or the Cyber Tip Line at the National
Center for Missing and Exploited Children; or
(ii) an employee designated by the employer of the computer technician in accordance
with Subsection (3).
(b) A computer technician who willfully does not report an image as required under
Subsection (2)(a) is guilty of a class B misdemeanor.
(c) The identity of the computer technician who reports an image shall be confidential,
except as necessary for the criminal investigation and the judicial process.
(d) (i) If the computer technician makes or does not make a report under this section in
good faith, the technician is immune from any criminal or civil liability related to reporting or
not reporting the image.
(ii) In this Subsection (2)(d), good faith may be presumed from an employee's or
employer's previous course of conduct when the employee or employer has made appropriate
reports.
(e) It is a defense to prosecution under this section that the computer technician did not
report the image because the technician reasonably believed the image did not depict a person
younger than 18 years of age.
(3) (a) An employer of a computer technician may implement a procedure that
requires:
(i) the computer technician report an image as is required under Subsection (2)(a) to an
employee designated by the employer to receive the report of the image; and
(ii) the designated employee to immediately forward the report provided by the
computer technician to an agency under Subsection (2)(a)(i).
(b) Compliance by the computer technician and the designated employee with the
reporting process under Subsection (3)(a) is compliance with the reporting requirement of this
section and establishes immunity under Subsection (2)(d).
(4) This section does not apply to an Internet service provider or interactive computer
service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic communications
service as defined in 18 U.S.C. Sec. 2510, a telecommunications service, information service,
or mobile service as defined in 47 U.S.C. Sec. 153, including a commercial mobile service as
defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if the
provider reports the image in compliance with 18 U.S.C. 2258A or a successor federal statute
that requires reporting by a provider of an image of child pornography.