(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.
(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.
(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
(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.
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