(a) Except as provided in subsection (b), a person shall not knowingly produce or distribute publicly, including by computer, a visual depiction of a minor with the intent to sexually gratify or elicit a sexual response in the viewer or any other person and benefit financially from doing so.
(b) Subsection (a) does not apply to:(1) A lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, this state, or a political subdivision or an intelligence agency of the United States;(2) An individual acting in good faith to report unlawful activity to law enforcement or in pursuance of a legal or professional or other lawful obligation;(3) A document produced or filed as part of a legal proceeding; and(4) An online platform, with regard to content provided by creators, unless the online platform intentionally solicits, or knowingly and predominantly distributes, such content. Subsection (a) does not impose liability in a manner that is inconsistent with 47 U.S.C. § 230.
(1) A lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, this state, or a political subdivision or an intelligence agency of the United States;
(2) An individual acting in good faith to report unlawful activity to law enforcement or in pursuance of a legal or professional or other lawful obligation;
(3) A document produced or filed as part of a legal proceeding; and
(4) An online platform, with regard to content provided by creators, unless the online platform intentionally solicits, or knowingly and predominantly distributes, such content. Subsection (a) does not impose liability in a manner that is inconsistent with 47 U.S.C. § 230.
(c) If a person violates subsection (a), or attempts or conspires to do so, then the depicted minor may bring an action to recover the following:(1) Actual damages;(2) Punitive damages, under § 29-39-104; and(3) Reasonable costs of litigation, including attorney's fees.
(1) Actual damages;
(2) Punitive damages, under § 29-39-104; and
(3) Reasonable costs of litigation, including attorney's fees.
(d) This section does not affect a right or remedy available under another law of this state.
(e) With regard to engagement in the work of content creation by persons a social media platform knows to be a minor, the social media platform shall develop and implement a risk-based strategy to help mitigate risks related to monetization of the intentional sexualization of known minors. The strategy must be documented and reassessed on a reasonable recurring basis and may include, at the sole discretion of the social media platform, when commercially reasonable:(1) Policies that govern content and related monetization;(2) Restrictions of features on content featuring minors;(3) Use of an automated system to identify and enforce this part against potentially problematic content and accounts;(4) Inclusion of guardrails to mitigate against recommendation systems surfacing unlawful content; and(5) Quality assurance processes recurring at reasonable intervals to ensure that mitigations are working as intended.
(1) Policies that govern content and related monetization;
(2) Restrictions of features on content featuring minors;
(3) Use of an automated system to identify and enforce this part against potentially problematic content and accounts;
(4) Inclusion of guardrails to mitigate against recommendation systems surfacing unlawful content; and
(5) Quality assurance processes recurring at reasonable intervals to ensure that mitigations are working as intended.
(f) Social media platforms must ensure that information about the social media's content policies, settings, and best practices for content featuring minors are publicly available, understandable to both adults and minors, and informed by research and outside expertise. The information must inform content creators that content may be subject to various legal requirements, and explain risks and steps to protect minors appearing in posts from exploitation.