Prohibition of sending certain materials to a registered contact point -- Exception for consent.
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(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.
(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).