Legislative Bills

This bill:
▸amends sentencing provisions for repeat and habitual sex offenders;
▸provides a definition of a female breast for certain sexual and sexual exploitation offenses
that includes a breast that is undeveloped or partially developed;
▸expands the definition of "child sexual abuse material" to include a minor observing or
being used for sexually explicit conduct;
▸expands the definition of "sexually explicit conduct" concerning certain bodily functions;
▸changes the mental state necessary to commit the offense of sexual exploitation of a
minor;
▸expands the offense of sexual exploitation of a minor to include when an actor accesses
child sexual abuse material with the intent to view;
▸provides a safe harbor provision for certain employees and independent contractors who
access child sexual abuse material within the scope of employment (like law enforcement officers);
▸changes the mental state necessary to commit the offense of aggravated sexual
exploitation of a minor;
▸amends the offense of aggravated sexual exploitation of a minor to remove a lesser
penalty for circumstances when the child sexual abuse material depicts an individual
who is 14 years old or older or pubescent;

5 ▸ requires a social media company to verify the age of Utah residents;
16 ▸ requires a social media company to obtain the consent of a parent or guardian before
17 a Utah resident under the age of 18 may maintain or open an account;
18 ▸ prohibits a social media company from permitting a person to open an account if
19 that person does not meet age requirements under state or federal law;
20 ▸ requires that for accounts held by a Utah resident who is under the age of 18, certain
21 social media companies:
22 • shall prohibit direct messaging with certain accounts;
23 • may not show a minor's account in search results;
24 • may not display advertising;
25 • may not collect, share, or use personal information from the account, with
26 certain exceptions;
27 • may not target or suggest ads, accounts, or content; and
28 • shall limit hours of access, subject to parental or guardian direction;
29 ▸ requires a social media company to provide a parent or guardian access to the
30 content and interactions of an account held by a Utah resident under the age of 18;
31 ▸ directs the Division of Consumer Protection to receive and investigate complaints
32 of violations of the requirements established under the act and impose
33 administrative fines for violations;
34 ▸ authorizes the division to seek enforcement through an injunction, civil penalties,
35 and other relief through the judicial process;
36 ▸ requires fines and civil penalties to be deposited into the Consumer Protection
37 Education and Training Fund;
38 ▸ requires an annual report from the division;
39 ▸ authorizes a private right of action to collect attorney fees and damages from a
40 social media company for harm incurred in relation to a violation of the
41 requirements established by the act; and