13-39-202. Prohibition of sending certain materials to a registered contact point -- Exception for consent.
(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 Sectionif the communication: 13-39-201 has the primary purpose of advertising or promoting a product or service that a minor is prohibited by law from purchasing; or contains or has the primary purpose of advertising or promoting material that is harmful to minors, as defined in Section. 76-5c-101
(2) Except as provided in Subsection, consent of a minor is not a defense to a violation of this section. (4)
(3) An Internet service provider does not violate this section for solely transmitting a message across the network of the Internet service provider.
(4) Notwithstanding Subsection, 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. (1) Any person who proposes to send a communication under Subsectionshall: (4)(a) 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; obtain a written record indicating the adult's consent that is signed by the adult; include in each communication: a notice that the adult may rescind the consent; and information that allows the adult to opt out of receiving future communications; and notify the unit that the person intends to send communications under this Subsection. (4) The unit shall implement rules to verify that a person providing notification under Subsectioncomplies with this Subsection. (4)(b)(iv) (4)