(1) A person may not send, cause to be sent, or conspire with a third party to send a communication to a contact point or domain that has been registered for more than 30 calendar days with the unit under Section 13-39-201 if the communication: (a) has the primary purpose of advertising or promoting a product or service that a minor is prohibited by law from purchasing; or (b) contains or has the primary purpose of advertising or promoting material that is harmful to minors, as defined in Section 76-10-1201.
(a) has the primary purpose of advertising or promoting a product or service that a minor is prohibited by law from purchasing; or
(b) contains or has the primary purpose of advertising or promoting material that is harmful 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 a violation of this section.
(3) An Internet service provider does not violate this section for solely transmitting a message across the network of the Internet service provider.
(4) (a) Notwithstanding Subsection (1), a person may send a communication to a contact point if, before sending the communication, the person sending the communication receives consent 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's government-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 unit that the person intends to send communications under this Subsection (4). (c) The unit shall implement rules to verify that a person providing notification under Subsection (4)(b)(iv) complies with this Subsection (4).
(a) Notwithstanding Subsection (1), a person may send a communication to a contact point if, before sending the communication, the person sending the communication receives consent 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's government-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 unit that the person intends to send communications under this Subsection (4).
(i) verify the age of the adult who controls the contact point by inspecting the adult's government-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
(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 unit that the person intends to send communications under this Subsection (4).
(c) The unit shall implement rules to verify that a person providing notification under Subsection (4)(b)(iv) complies with this Subsection (4).
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