HB 149 — Sexual Material Modifications

HB0149S03 compared with HB0149S01HB0149 {Omitted text} shows text that was in HB0149S01HB0149 but was omitted in HB0149S03 inserted text shows text that was not in HB0149S01HB0149 but was inserted into HB0149S03 DISCLAIMER:

H ▸ provides that an individual has a cause of action if a person depicts or intends to depict the individual's likeness as a minor on a child sex doll;

BH ▸ provides requirements for an individual bringing an action under provisions this bil4bill enacts;

B ▸ provides the relief a court may grant an individual bringing an action under the provisionspro1isions this S bill enacts;

14 HB0149S01HB0149 compared with HB0149S03 ▸ provides that an{a {onlinecommercial intermediary } an entity that provides access to the internet is not liable under the provisions this bill enacts, if the entity did not create the content;

- 2 - HB0149S01HB0149 compared with HB0149S03 (i) did not solicit the child sexual abuse material from the minor depicted in the child sexual abuse material;

- 3 - HB0149S01HB0149 compared with HB0149S03 (f) an employee of the Department of Health and Human Services who is required to view child sexual abuse material within the scope of the employee's employment;

- 4 - HB0149S01HB0149 compared with HB0149S03 (a) [any ]material that the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest;

- 5 - HB0149S01HB0149 compared with HB0149S03 (b) verification through an independent, third-party age verification service that compares the personal information entered by the individual who is seeking access to the material that is available from a commercially available database, or aggregate of databases, that is regularly used by government agencies and businesses for the purpose of age and identity verification;

{(1)(1) {As used in this section, "online intermediary" means an internet service provider, an affiliate or subsidiary of an internet service provider, a search engine, or a cloud service provider.} } (2){(1)} An individual has a right of action against a person that publishes or distributes obscenity or child sexual abuse material on the internet within the state, or possesses, purchases, or distributes a child sex doll in the state if:

and (c) - 6 - HB0149S01 compared with HB0149S03 (i) the individual bringing the action is a resident of this state;

or (ii) the conduct described in Subsection {(2)(b) } (1)(b) occurs in this state.

(3){(2)}- 6 - HB0149 compared with HB0149S03 (2) If an individual brings an action against a person in accordance with Subsection {(2)} (1), a court may award the individual:

{(4){(3) } (a){(3)} {Except as provided in Subsection (4)(b)}(3)(b), an individual may not bring an action under this section against an } No internet service provider, {an individual may not bring } affiliate or subsidiary of an {action under } internet service provider, {a } search engine, or {a } cloud service provider shall be held to have violated the provisions of this section {against an online intermediary } solely for providing access {to } or connection to or from a website or other information or content on the internet {that contains obscenity or child sexual abuse material} , or a facility, system, or network not under that {contains obscenity } provider's control, including transmission, downloading, storing, or {child sexual abuse material} providing access, {if } to the {online intermediary is not responsible} extent that the internet service provider, {in whole } affiliate or {in part, } subsidiary of an internet service provider, search engine, or cloud service provider is not responsible for the creation {or development } of the content of the communication that constitutes obscenity or child sexual abuse material{,material. including through the use of an algorithm} .

{(b) {An individual may bring a cause of action against an online intermediary for a violationcloud ofservice Subsectionprovider (2) if:} } {(i) {the onlinecloud intermediary:}service }provider {(A)provides {provides access to or connection to content on the internet that contains obscenity or child sexual abuse material;

and} } {(B){(ii) {does{the individual shows the cloud service provider did not statetake reasonable precautions to prevent the obscenity or child sexual abuse material from appearing in the onlinecontent intermediary'sto termswhich ofthe cloud service thatprovider provides access.} } (4) An individual with a personclaim mayunder notthis usesection who satisfies the onlineapplicable intermediary'sstandards servicefor tojoinder provideor accessclass toaction obscenitymay combine the individual's claim with one or childmore sexualindividuals abusewith material;a claim under this section into one action.

and}(5) }An {(ii) {the individual showsmay thebring onlinean intermediaryaction didunder notthis takesection voluntary,regardless goodof faithwhether action to prevent the obscenityaction orthat childgives sexualrise abuse material from appearing in the content to which the online intermediary provides access.} } - 7 - HB0149S01 compared with HB0149S03 (5){(4)} An individual with a claimcause underof this section who satisfies the applicable standards for joinder or class action mayunder combineSubsection the(1) individual'shas claimresulted within one or more individuals with a claimcriminal underconviction. this section into one action.

(6){(5)}(6) An- individual7 may- bringHB0149 ancompared actionwith underHB0149S03 this(a) sectionIf regardlessany provision of whetherthis section or the actionapplication thatof givesany riseprovision to aany causeperson or circumstance is held invalid, the remainder of actionthis undersection Subsectionshall {(2)be }given (1)effect haswithout resultedthe ininvalid aprovision criminalor conviction.application.

(6) (a) If any provision of this section or the application of any provision to any person or circumstance is held invalid, the remainder of this section shall be given effect without the invalid provision or application.