Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 185 First Substitute (2017GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/28/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• enacts definitions;
• provides exemptions;
• establishes liability;
• provides a safe harbor; and
• addresses damages and class actions.

Every vote on this bill

Bill text

CAUSE OF ACTION FOR MINORS INJURED BY PORNOGRAPHY
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
Keven J. Stratton
LONG TITLE
General Description:
This bill amends the Judicial Code to provide for a cause of action for minors injured
by pornography.
Highlighted Provisions:
This bill:
▸ enacts definitions;
▸ provides exemptions;
▸ establishes liability;
▸ provides a safe harbor; and
▸ addresses damages and class actions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
78B-6-2100
, Utah Code Annotated 1953
78B-6-2101
, Utah Code Annotated 1953
78B-6-2102
, Utah Code Annotated 1953
78B-6-2103
, Utah Code Annotated 1953
78B-6-2104
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-6-2100
 is enacted to read:
Part 21. Cause of Action for Minors Injured by Pornographic Material
 78B-6-2100.
Title.
This part is known as "Cause of Action for Minors Injured by Pornographic Material."
Section 2. Section 
78B-6-2101
 is enacted to read:
 78B-6-2101.
Definitions.
As used in this part:
(1) "Minor" means an individual less than 18 years of age.
(2) "Pornographic material" means material that:
(a) the average person, applying contemporary community standards, finds that, taken
as a whole, appeals to prurient interest in sex;
(b) is patently offensive in the description or depiction of nudity, sexual conduct,
sexual excitement, sadomasochistic abuse, or excretion; and
(c) taken as a whole does not have serious literary, artistic, political, or scientific value.
Section 3. Section 
78B-6-2102
 is enacted to read:
 78B-6-2102.
Exemptions.
(1) If the conditions of Subsection (2) are met, this part does not apply to:
(a) the following, as defined in the Communications Act of 1934, as amended:
(i) an interactive computer service;
(ii) a telecommunications service, information service, or mobile service, including a
commercial mobile service; or
(iii) a multichannel video programming distributor;
(b) an Internet service provider;
(c) a provider of an electronic communications service;
(d) a distributor of Internet-based video services;
(e) a host company as defined in Section 
76-10-1230
; or
(f) a distributor of electronic or computerized game software that users manipulate
through interactive devices.
(2) This part does not apply to an entity described in Subsection (1) if:
(a) the distribution of pornographic material by the entity occurs only incidentally
through the entity's function of:
(i) transmitting or routing data from one person to another person;
(ii) providing a connection between one person and another person; or
(iii) providing data storage space or data caching to a person;
(b) the entity does not intentionally aid or abet in the distribution of the pornographic
material; and
(c) the entity does not knowingly receive from or through a person who distributes the
pornographic material a fee greater than the fee generally charged by the entity, as a specific
condition for permitting the person to distribute the pornographic material.
Section 4. Section 
78B-6-2103
 is enacted to read:
 78B-6-2103.
Liability -- Safe harbor.
(1) A person who predominately distributes or otherwise predominately provides
pornographic material to consumers is liable to a person if:
(a) at the time the pornographic material is viewed by the person, the person is a minor;
and
(b) the pornographic material is the proximate cause for the person being harmed
physically or psychologically, or by emotional or medical illnesses as a result of that
pornographic material.
(2) Nothing in this part affects any private right of action existing under other law,
including contract.
(3) Notwithstanding Subsection (1), a person who distributes or otherwise provides
pornographic material is not liable under this section if the person who distributes or otherwise
provides pornographic material:
(a) provides a warning that:
(i) is conspicuous;
(ii) appears before the pornographic material can be accessed; and
(iii) consists of a good faith effort to warn persons accessing the pornographic material
that the pornographic material may be harmful to minors; and
(b) makes a good faith effort to verify the age of a person accessing the pornographic
material.
(4) Subsection (3) may not be interpreted as exempting a person from complying with
Title 13, Chapter 39, Child Protection Registry.
Section 5. Section 
78B-6-2104
 is enacted to read:
 78B-6-2104.
Damages -- Class action.
(1) If a court finds that a person violates Section 
78B-6-2103
, the court may award the
plaintiff:
(a) actual damages; and
(b) punitive damages, if it is proven that the person targeted minors.
(2) A class action may be brought under this part in accordance with Utah Rules of
Civil Procedure, Rule 23.