SB 72 — Obscene Animal Abuse Material Amendments

(ii) "School setting" includes the following activities that an organization or individual or organization outside of a public school conducts, if a public school or an LEA sponsors or requires the activity:

- 3 - SB0072 compared with SB0072S01 (A) an assembly;

(B) a guest lecture;

(C) a live presentation;

or (D) an event.

(h) (i) "Sensitive material" means an instructional material that constitutes objective sensitive material or subjective sensitive material.

(ii) "Sensitive material" does not include an instructional material:

(A) that an LEA selects under Section 53G-10-402;

(B) for a concurrent enrollment course that contains sensitive material and for which a parent receives notice from the course provider of the material before enrollment of the parent's child and gives the parent's consent by enrolling the parent's child;

(C) for medical courses;

(D) for family and consumer science courses;

or (E) for another course the state board exempts in state board rule.

[(iii)] (i) "Subjective sensitive material" means an instructional material that constitutes pornographic or indecent material, as that term is defined in Section 76-5c-208, under the following factor-balancing standards:

[(A)] (i) material that is harmful to minors under Section 76-5c-101;

[(B)] (ii) material that is pornographic under Section 76-5c-101;[ or] [(C)] (iii) material that includes certain fondling or other erotic touching under Subsection 76-5c-207(1) (a)(i)(D)[.] ;

or (iv) material that is obscene animal abuse material under Section 76-5c-101.

(2) (a) Sensitive materials are prohibited in the school setting.

(b) A public school or an LEA may not:

(i) adopt, use, distribute, provide a student access to, or maintain in the school setting, sensitive materials;

or (ii) permit a speaker or presenter in the school setting to display or distribute sensitive materials.

- 4 - SB0072 compared with SB0072S01 (c) In evaluating, selecting, or otherwise considering action related to a given instructional material under this section, each public school and each LEA shall prioritize protecting children from the harmful effects of illicit pornography over other considerations in evaluating instructional material.

(d) If an instructional material constitutes objective sensitive material:

(i) a public school or an LEA is not required to engage in a review under a subjective sensitive material standard;

and (ii) the outcome of a subjective sensitive material evaluation has no bearing on the non-discretionary objective sensitive material conclusion.

(3) (a) Except as provided in Subsection (3)(b), the following individuals may initiate a sensitive material review under this section:

(i) an employee of the relevant LEA;

(ii) a student who is enrolled in the relevant LEA;

(iii) a parent of a child who is enrolled in the relevant LEA;

or (iv) a member of the relevant LEA governing board.

(b) (i) As used in this Subsection (3)(b), "unsuccessful challenge" means an allegation that a given instructional material constitutes sensitive material that the LEA concludes to be erroneous, either on direct review or on appeal to the LEA governing board, resulting in the retention of the given instructional material.

(ii) Notwithstanding Subsection (3)(a), after an individual makes three unsuccessful challenges during a given academic year, the individual may not trigger a sensitive material review under this section during the remainder of the given academic year.

(4) Upon receipt of an allegation from an individual described in Subsection (3)(a), an LEA shall:

(a) (i) make an initial determination as to whether the allegation presents a plausible claim that the challenged instructional material constitutes sensitive material, including whether the allegation includes excerpts and other evidence to support the allegation;

and (ii) if the LEA determines that the allegation presents a plausible claim that the challenged instructional material constitutes sensitive material under Subsection (4)(a)(i), immediately remove the - 5 - SB0072 compared with SB0072S01 challenged material from any school setting that provides student access to the challenged material until the LEA completes the LEA's full review of the challenged material under this section;

(b) (i) engage in a review of the allegations and the challenged instructional material using the objective sensitive material standards;

and (ii) if the LEA makes a determination that the challenged instructional material constitutes objective sensitive material, ensure that the material remains inaccessible to students in any school setting;

(c) only if the LEA makes a determination that the challenged instructional material does not constitute objective sensitive material:

(i) review the allegations and the challenged instructional material under the subjective material standards, ensuring that the review includes parents who are reflective of the members of the school's community when determining if an instructional material is subjective sensitive material;

(ii) allow student access to the challenged instructional material during the LEA's subjective sensitive material review if the student's parent gives consent regarding the specific challenged instructional material;

and (iii) if the LEA makes a determination that the challenged instructional material constitutes subjective sensitive material, ensure that the material is inaccessible to students in any school setting, including the termination of the parent consent option described in Subsection (4)(c)(ii);

and (d) communicate to the state board the allegation and the LEA's final determination regarding the allegation and the challenged instructional material.

(5) (a) An individual described in Subsection (3)(a) may appeal an LEA's decision regarding a sensitive material review, regardless of whether the LEA removed or retained the challenged instructional material, to the LEA governing board.

(b) An LEA governing board shall vote in a public board meeting to decide the outcome of a sensitive material review appeal, clearly identifying:

(i) the board's rationale for the decision;

and (ii) the board's determination on each component of the statutory and any additional policy standards the board uses to reach the board's conclusions.

(6) An LEA governing board may not enact rules or policies that prevent the LEA governing board from:

- 6 - SB0072 compared with SB0072S01 (a) revisiting a previous decision;

(b) reviewing a recommendation of LEA personnel or a parent-related committee regarding a challenged instructional material;

or (c) reconsidering a challenged instructional material if the LEA governing board receives additional information regarding the material.

(7) (a) Except as provided in Subsection (7)(d), if the threshold described in Subsection (7)(b) is met, each LEA statewide shall remove the relevant instructional material from student access.

(b) The requirement described in Subsection (7)(a) to remove a given material from student access applies if the following number of LEAs makes a determination that a given instructional material constitutes objective sensitive material:

(i) at least three school districts;

or (ii) at least two school districts and five charter schools.

(c) The state board shall:

(i) aggregate allegations and LEA determinations described in Subsection (4)(d);

and (ii) no later than 10 school days after the day on which the condition described in Subsection (7)(b) occurs, communicate to all LEAs the application of the requirement described in Subsection (7)(a) to remove the material from student access.

(d) (i) When the threshold described in Subsection (7)(b) is met for a given instructional material, in addition to making the communication described in Subsection (7)(c), the state board may:

(A) place the material on the agenda of a public board meeting within 60 days after the day on which the state board makes the communication to LEAs under Subsection (7)(c);

and (B) at the specified state board meeting, vote to overturn the application of the requirement described in Subsection (7)(a) to remove a given material from student access statewide.

(ii) If the state board votes to overturn the application of the statewide removal requirement described in Subsection (7)(a) under Subsection (7)(d)(i):

(A) the statewide removal requirement described in Subsection (7)(a) no longer applies;

(B) an LEA may choose to return the given material to student access;

and (C) nothing affects the findings of an LEA governing board regarding removal of the given material within the board's LEA.

- 7 - SB0072 compared with SB0072S01 (e) This Subsection (7) applies to sensitive materials that LEAs remove from student access, regardless of whether:

(i) the sensitive material determinations occur in the same academic year;

or (ii) a sensitive material determination occurred before July 1, 2024.

(8) The state board shall:

(a) in consultation with the Office of the Attorney General, provide guidance and training to support public schools in identifying instructional materials that meet the definition of sensitive materials under this section;

(b) establish a process through which an individual described in Subsection (3)(a) may report to the state board an allegation that an LEA is out of compliance with this section;

and (c) annually report to the Education Interim Committee, at or before the November interim meeting, on implementation and compliance with this section, including:

(i) any policy the state board or an LEA adopts to implement or comply with this section;

(ii) any rule the state board makes to implement or comply with this section;

and (iii) any complaints an LEA or the state board receives regarding a violation of this section, including:

(A) action taken in response to a complaint described in this Subsection (8)(c)(iii);

(B) if an LEA retains an instructional material for which the LEA or the state board receives a complaint, the LEA's rationale for retaining the instructional material;

and (C) compliance failures that the state board identifies through the reporting process described in Subsection (8)(b) and other investigations or research.

(9) The state shall defend, indemnify, and hold harmless a person acting under color of state law to enforce this section for any claims or damages, including court costs and attorney fees, that:

(a) a person brings or incurs as a result of this section;

and (b) is not covered by the person's insurance policies or any coverage agreement that the State Risk Management Fund issues.

(10) Subject to prioritization of the Audit Subcommittee created in Section 36-12-8, the Office of the Legislative Auditor General shall:

(a) conduct an audit of each school district's compliance with this section, ensuring the completion of all school district audits before November 2028;

and (b) annually report to the Education Interim Committee regarding completed sensitive material audits under this Subsection (10).

- 8 - SB0072 compared with SB0072S01 {Section 2.

Section 53H-4-213.1 is amended to read:

} 53H-4-213.1.

Educational telecommunications -- Definitions.

(1) As used in Sections 53H-4-213.1 through 53H-4-213.7:

(a) "Digital resource" means a digital or online library resource, including a database.

(b) "Digital resource provider" means an entity that offers a digital resource to customers for license or sale.

(c) "Education Advisory Council" means the Utah Education Advisory Council created in Section 53H-4-213.6.

(d) "Obscene animal abuse material" means the same as that term is defined in Section 76-5c-101.

[(d)] (e) "Obscene or pornographic material" means material that:

(i) an average person, applying contemporary community standards, finds that, taken as a whole, appeals to prurient interest in sex;

(ii) is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion;

and (iii) taken as a whole does not have serious literary, artistic, political, or scientific value.

[(e)] (f) "Telehealth" means the electronic transfer, exchange, or management of related data for diagnosis, treatment, and consultation, and educational, public health, or other related purposes.

[(f)] (g) "Telehealth Advisory Council" means the Utah Telehealth Advisory Council created in Section 53H-4-213.5.

[(g)] (h) "Utah Education and Telehealth Network," or "UETN," means a consortium and partnership between public and higher education, the Department of Health and Human Services, and health care providers, that is created in Section 53H-4-213.4.

(2) The Legislature finds and determines the following:

(a) the University of Utah's Dolores Dore' Eccles Broadcast Center is the statewide public broadcasting and telecommunications facility for education in Utah;

(b) the center shall provide services to citizens of the state in cooperation with higher and public education, state and local government, and private industry;

(c) distribution services provided through the center shall include KUED - TV, KUER - FM, and KUEN - TV;

(d) KUED - TV and KUER - FM are licensed to the University of Utah;

- 9 - SB0072 compared with SB0072S01 (e) the Utah Education and Telehealth Network's broadcast entity, KUEN - TV, is licensed to the Utah Board of Higher Education and, together with UETN, is operated on behalf of the state's systems of public and higher education;

(f) all the entities referred to in Subsection (2)(c) are under the administrative supervision of the University of Utah, subject to the authority and governance of the Utah Board of Higher Education and (g) this section neither regulates nor restricts a privately owned company in the distribution or dissemination of educational programs.

{Section 3.

Section 53H-4-213.7 is amended to read:

} 53H-4-213.7.

Educational telecommunications -- Digital resource standards.

(1) A digital resource purchased or licensed by UETN and offered to students in public schools must have safety policies and technology protection measures that:

(a) prohibit and prevent a public school student using the resource from sending, receiving, viewing, or downloading obscene or pornographic material or obscene animal abuse material;

and (b) filter or block access to obscene or pornographic material or obscene animal abuse material.

(2) (a) Regardless of any contract provision to the contrary, if UETN discovers a digital resource does not meet the requirements described in Subsection (1), UETN:

(i) shall notify the digital resource provider;

and (ii) may withhold future payments pending the digital resource provider's compliance with Subsection (1).

(b) A digital resource provider is in breach of contract if the digital resource provider fails to verify compliance with Subsection (1) within 90 days after the day on which UETN provides the notice described in Subsection (2)(a)(i).

(c) A contract UETN enters into for a digital resource shall contain provisions that comply with this section.

(3) Before November 30 of each year, UETN shall submit a report to the Education Interim Committee detailing all instances of a digital resource provider's failure to comply with the provisions of this section.

76-5c-101.76-5c-101 .

- 10 - SB0072 compared with SB0072S01 As used in this chapter:

(1)(1)(a) (a) "Animal crushing" means actual conduct in which a living non-human mammal, bird, reptile, or amphibian is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury.

(a)- a2 reasonable- inspectionEnrolled orCopy observationS.B. by an individual under the circumstances would have disclosed the nature of the subject matter;

72 (a) a reasonable inspection or observation by an individual under the circumstances would have disclosed the nature of the subject matter;

[(7)] (8)(8)(a) (a) "Harmful to minors" means that quality of any description or representation, in whatsoever form, of nudity, sexual conduct, sexual excitement, [or ]sadomasochistic] sadomasochistic abuse, sexual conduct with an animal, or animal crushing when it:

- 11 - SB0072 compared with SB0072S01 (b) Serious value includes only serious literary, artistic, political, or scientific value for minors.

[(9)] (10)(10)(a) (a) "Material" means anything printed or written or any picture, drawing, photograph, motion picture, or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of communication.

(a)- the3 showing- ofS.B. the human male or female genitals, pubic area, or buttocks, with less than an opaque covering;

72 Enrolled Copy (a) the showing of the human male or female genitals, pubic area, or buttocks, with less than an opaque covering;

(a)(a)(i) (i) depicts animal crushing;

and (b)(b)(i) (i) the average individual, applying contemporary community standards, finds that, taken as a whole, the depiction of animal crushing or sexual conduct with an animal appeals to prurient interest in sex;

- 12 - SB0072 compared with SB0072S01 [(14)] (16) "Pornographic" means:

[(17)] (19) "Sexual conduct" means acts of masturbation, sexual intercourse, or any touching- of4 an- individual'sEnrolled clothedCopy orS.B. unclothed genitals, pubic area, buttocks, or, if the individual is a female, breast, whether alone or between members of the same or opposite sex[ or between humans and animals] in an act of apparent or actual sexual stimulation or gratification.

(20)72 (a) "Sexual conduct with an animal" means an act of sexual intercourse, or any touching of an individual's clothed or unclothed genitals, pubic area, buttocks, or, if the individual is a female, breast, whether alone or between amembers humanof andthe ansame animalor opposite sex[ or between humans and animals] in an act of apparent or actual sexual stimulation or gratification.

(20)(a) "Sexual conduct with an animal" means an act of sexual intercourse, or any touching of an individual's clothed or unclothed genitals, pubic area, buttocks, or, if the individual is a female, breast, between a human and an animal in an act of apparent or actual sexual stimulation or gratification.

-76-5c-102 13. - SB0072 compared with SB0072S01 76-5c-102.

76-5c-103.76-5c-103 .

(1)(1)(a) (a) A county, city, or other political subdivision has the right to regulate obscene animal abuse material, pornographic [materials] material, or [materials] material harmful to minors as this chapter does not proscribe or limit the regulation of obscene animal abuse material, pornographic [materials] material, or [materials] material harmful to minors by a county, city, or other political subdivision.

(b)- Without5 limitation,- aS.B. political subdivision may further regulate obscene animal abuse material, pornographic [materials] material, or [materials] material harmful to minors by ordinances relating to:

72 Enrolled Copy (b) Without limitation, a political subdivision may further regulate obscene animal abuse material, pornographic [materials] material, or [materials] material harmful to minors by ordinances relating to:

-(3)(a) 14 - SB0072 compared with SB0072S01 (3) (a) The commission of a crime under this chapter offends public decency under Subsection 76-9-1301(2).

76-5c-104.76-5c-104 .

(1)(1)(a) (a) Subject to Subsections (1)(b), (c), (d), and (e), a district court has full power, authority, and jurisdiction, upon application by any county attorney or city attorney within the county attorney's or city attorney's respective jurisdictions or the attorney general, to issue any and all proper restraining orders, preliminary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce the provisions of this chapter.

(d) If a final order or judgment of injunction is entered against the person sought to be enjoined, this final order or judgment shall contain a provision directing the person to surrender to the sheriff of the county in which the action was brought any pornographic- material6 in- theEnrolled person'sCopy possessionS.B. which is subject to the injunction.

72 pornographic material in the person's possession which is subject to the injunction.

76-5c-106.76-5c-106 .

-(1)(a) 15 - SB0072 compared with SB0072S01 (1) (a) The attendance in court by a corporation for purposes of commencing or prosecuting a criminal action against the corporation under this chapter may be accomplished by the issuance and service of a summons issued by a magistrate if the magistrate finds probable cause that material in the possession of the corporation is obscene animal abuse material, pornographic, or harmful to minors, which finding shall be upon affidavit describing with specificity the material alleged to be obscene animal abuse material, pornographic, or harmful to minors or by another manner or means the magistrate finds necessary.

76-5c-107.76-5c-107 .

(1)- (a)7 An- affidavitS.B. for a search warrant shall be filed with a magistrate describing with specificity the material sought to be seized.

72 Enrolled Copy (1)(a) An affidavit for a search warrant shall be filed with a magistrate describing with specificity the material sought to be seized.

(2)(2)(a) (a) Upon the filing of an affidavit for a search warrant under Subsection (1), the magistrate shall determine, by examination of the material sought to be seized if attached, by examination of the affidavit describing the material, or by another manner or means that the magistrate finds necessary, - 16 - SB0072 compared with SB0072S01 whether probable cause exists to believe that the material is obscene animal abuse material, pornographic, or harmful to minors and whether probable cause exists for the immediate issuance of a search warrant.

(3)(3)(a) (a) If a search warrant is issued under Subsection (2) and the material alleged to be obscene animal abuse material, pornographic, or harmful to minors is seized under the provisions of this section, any person claiming to be in possession of this material or claiming ownership of the material at the time of the material's seizure may file a notice in writing with the magistrate within 10 days after the day on which the material was seized, to assert that the material is not obscene animal abuse material, pornographic, or harmful to minors.

(c)(c)(i) (i) At the conclusion of the hearing described in Subsection (3)(b), the magistrate shall make a further determination of whether probable cause exists to believe that the material is obscene animal abuse material, pornographic, or harmful to minors.

(ii) The magistrate's determination described in Subsection (3)(c)(i) shall be rendered by the court within two days after the day on which the hearing described in Subsection- (3)(b)8 concludes.- Enrolled Copy S.B.

72 Subsection (3)(b) concludes.

- 17 - SB0072 compared with SB0072S01 (4) If a motion to suppress the evidence is granted on the grounds of an unlawful seizure, the property shall be restored unless it is subject to confiscation as contraband, in which case the property may not be returned.

(5)(5)(a) (a) Procedures under this section for the seizure of allegedly obscene animal abuse material, pornographic material, or material harmful to minors are cumulative of all other lawful means of obtaining evidence as provided by the laws of this state.

76-5c-109.76-5c-109 .

76-5c-110.76-5c-110 .

(2) A woman breast feeding, including breast feeding in any location where the woman otherwise- may9 rightfully- be,S.B. does not under any circumstance constitute a violation of this chapter, irrespective of whether the woman's breast is covered during or incidental to feeding.

72 Enrolled Copy otherwise may rightfully be, does not under any circumstance constitute a violation of this chapter, irrespective of whether the woman's breast is covered during or incidental to feeding.

76-5c-203.76-5c-203 .

- 18 - SB0072 compared with SB0072S01 (1) Terms defined in Sections 76-1-101.5, 76-5c-101, and 76-5c-201 apply to this section.

(ii) preparing, publishing, printing, or possessing pornographic material or obscene animal abuse material with intent to distribute or exhibit the [pornographic ]material] material to another individual;

(4)(4)(a) (a) Each act of distributing pornographic material or obscene animal abuse material described in Subsection (2) is a separate offense.

(b)- It10 is- aEnrolled separateCopy offenseS.B. under this section for:

72 (b) It is a separate offense under this section for:

(5)(5)(a) - 19 - SB0072 compared with SB0072S01 (a) This section does not apply to an [Internet] internet service provider if:

(i) the distribution of pornographic material or obscene animal abuse material by the [Internet][ Internet] internet service provider occurs only incidentally through the [Internet] internet service provider's function of:

76-5c-204.76-5c-204 .

(2) An actor commits [ ]inducing acceptance of pornographic material or obscene animal abuse- material11 if- theS.B. actor knowingly:

(a)72 requiresEnrolled orCopy demands as a condition to a sale, allocation, consignment, or delivery for resale of any newspaper, magazine, periodical, book, publication, or other merchandise that the purchaser or consignee receive any pornographic material or obscene animal abuse material orif material - 20 - SB0072 compared with SB0072S01 reasonably believed by the purchaseractor orknowingly: consignee to be pornographic or obscene animal abuse material;

(a) requires or demands as a condition to a sale, allocation, consignment, or delivery for resale of any newspaper, magazine, periodical, book, publication, or other merchandise that the purchaser or consignee receive any pornographic material or obscene animal abuse material or material reasonably believed by the purchaser or consignee to be pornographic or obscene animal abuse material;

(4)(4)(a) (a) This section does not apply to an [Internet] internet service provider if:

(i) the distribution of pornographic material or obscene animal abuse material by the [Internet][ Internet] internet service provider occurs only incidentally through the [Internet ] internet service provider's function of:

and - 21 - SB0072 compared with SB0072S01 (iii) the hosting company does not knowingly receive funds from or through a person who- distributes12 the- pornographicEnrolled materialCopy orS.B. obscene animal abuse material in exchange for permitting the person to distribute, store, or cache the pornographic material or obscene animal abuse material.

72 who distributes the pornographic material or obscene animal abuse material in exchange for permitting the person to distribute, store, or cache the pornographic material or obscene animal abuse material.

76-5c-208.76-5c-208 .

(1)(1)(a) (a) As used in this section:

(3)(3)(a) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor if the actor is 18 years old or older.

- 22 - SB0072 compared with SB0072S01 (4) The offenses referred to in Subsection (2) are:

(b)- aiding13 or- abettingS.B. a minor in distributing pornographic material or obscene animal abuse material as described in Section 76-5c-203;

72 Enrolled Copy (b) aiding or abetting a minor in distributing pornographic material or obscene animal abuse material as described in Section 76-5c-203;

76-5c-212.76-5c-212 .

(1)(1)(a) (a) As used in this section, "allow" means a failure to exercise the option to void the lease or other title described in Section 76-5c-105 within 10 days after the day on which the fee owner or lessor receives notice in writing from the county attorney of the county where the property is situated, or if situated in a city of the first or second class, from the city attorney of that city, that the property is being used for a purpose prohibited under this chapter.

- 23 - SB0072 compared with SB0072S01 (b) the actor knowingly allows the real property described in Subsection (2)(a) to be used by a tenant or occupant, or a tenant's or occupant's employee, for the purpose of distributing or exhibiting pornographic materials or obscene animal abuse materials, or- for14 pornographic- performances;Enrolled Copy S.B.

72 or for pornographic performances;

76-5c-213.76-5c-213 .

76-5c-214.76-5c-214 .

Conspiracy to commit aan obscene animal abuse material or pornographic or harmful materials violation.

(3)(3)(a) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony subject to:

- 24 - SB0072 compared with SB0072S01 (i) a minimum mandatory fine of not less than $1,000;

(i)- a15 minimum- mandatoryS.B. fine of not less than $5,000;

72 Enrolled Copy (i) a minimum mandatory fine of not less than $5,000;

Section 1576-5c-215 is enacted to read:

76-5c-215.76-5c-215 .

(3)(3)(a) (a) A violation of Subsection (2) is a third degree felony if the actor is 18 years old or older and is subject to:

- 25 - SB0072 compared with SB0072S01 (a) each day in which a publication containing obscene animal abuse material is displayed or exhibited in a public place with intent to distribute or exhibit the publication to another individual;

(5)(5)(a) (a) This section does not apply to an internet service provider if:

(i)- the16 distribution- ofEnrolled obsceneCopy animalS.B. abuse material by the internet service provider occurs only incidentally through the internet service provider's function of:

72 (i) the distribution of obscene animal abuse material by the internet service provider occurs only incidentally through the internet service provider's function of:

76-17-401.76-17-401 .

(1)(1)(a) (a) "Enterprise" means an individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and a union or group of individuals associated in fact although not a legal entity.

- 26 - SB0072 compared with SB0072S01 (2) "Pattern of unlawful activity" means engaging in conduct that constitutes the commission of at least three episodes of unlawful activity, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics.

The most recent act constituting part of a pattern of unlawful activity as defined by this part shall have occurred within five years of the commission of the next preceding act alleged as part of the- pattern.17 - S.B.

72 Enrolled Copy the pattern.

- 27 - SB0072 compared with SB0072S01 (i) an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d, Clandestine Drug Lab Act;

(n)- a18 threat- ofEnrolled terrorismCopy underS.B. Section 76-5-107.3;

72 (n) a threat of terrorism under Section 76-5-107.3;

- 28 - SB0072 compared with SB0072S01 (ll) theft by extortion under Section 76-6-406;

(tt)- bribery19 or- receivingS.B. bribe by person in the business of selection, appraisal, or criticism of goods under Section 76-6-508;

72 Enrolled Copy (tt) bribery or receiving bribe by person in the business of selection, appraisal, or criticism of goods under Section 76-6-508;

- 29 - SB0072 compared with SB0072S01 (ppp) obstruction of justice in a criminal investigation or proceeding under Section 76-8-306;

(vvv)- tampering20 with- aEnrolled witnessCopy underS.B. Section 76-8-508;

72 (vvv) tampering with a witness under Section 76-8-508;

- 30 - SB0072 compared with SB0072S01 (nnnn) aggravated intimidating a minor to remain in a criminal street gang under Section 76-9-803.3;

(pppp)- unlawful21 conduct- involvingS.B. an explosive, chemical, or incendiary part under Section 76-15-211;

72 Enrolled Copy (pppp) unlawful conduct involving an explosive, chemical, or incendiary part under Section 76-15-211;

- 31 - SB0072 compared with SB0072S01 [(nnnnn)] (ooooo) communications fraud under Section 76-6-525;

[(ooooo)]- (ppppp)22 possession- ofEnrolled aCopy dangerousS.B. weapon with criminal intent under Section 76-11-208;

72 [(ooooo)] (ppppp) possession of a dangerous weapon with criminal intent under Section 76-11-208;

76-17-403.76-17-403 .

(1)(1)(a) (a) A person injured in the person's person, business, or property by a person engaged in conduct forbidden by Section 76-17-407 may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to recover twice the damages that the person sustains, regardless of whether:

(4)(4)(a) (a) In all actions under this section, a principal is liable for actual damages for harm caused by an agent acting within the scope of either the agent's employment or apparent authority.

(b) A principal is liable for double damages only if the pattern of unlawful activity alleged and proven as part of the cause of action was authorized, solicited, requested, commanded, undertaken, - 32 - SB0072 compared with SB0072S01 performed, or recklessly tolerated by the board of directors or- a23 high- managerialS.B. agent acting within the scope of the agent's employment.

72 Enrolled Copy or a high managerial agent acting within the scope of the agent's employment.

(9)(9)(a) (a) An action or proceeding brought under this section shall be commenced within three years after the conduct prohibited by Section 76-17-407 terminates or the cause of action accrues, whichever is later.

(10)(10)(a) (a) In any action brought under this section, the court may prevent, restrain, or remedy injury as defined by this section by issuing appropriate orders after making provisions for the rights of innocent persons.

- 33 - SB0072 compared with SB0072S01 (i) order a person to divest the person's self of any interest in or any control, direct or indirect, of an enterprise;

(ii) impose reasonable restrictions on the future activities or investments of a person, including- prohibiting24 a- personEnrolled fromCopy engagingS.B. in the same type of endeavor as the enterprise engaged in, to the extent the Utah Constitution and the Constitution of the United States permit;

72 including prohibiting a person from engaging in the same type of endeavor as the enterprise engaged in, to the extent the Utah Constitution and the Constitution of the United States permit;

(d)(d)(i) (i) However, if an action is brought to obtain any relief provided by this section, and if the conduct prohibited by Section 76-17-407 has for its pattern of unlawful activity acts or conduct illegal under Section 76-5c-202, 76-5c-203, 76-5c-204, 76-5c-205, 76-5c-206, 76-5c-215, or 76-5c-305, the court may not enter an order that would amount to a prior restraint on the exercise of an affected party's rights under the First Amendment to the Constitution of the United States, or Article I, Sec.

78B-6-2101.78B-6-2101 .

- 34 - SB0072 compared with SB0072S01 (b) is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion;

Section- 19.25 - S.B.

72 Enrolled Copy Section 19.

78B-6-2102.78B-6-2102 .

78B-6-2103.78B-6-2103 .

and - 35 - SB0072 compared with SB0072S01 (b) the obscene animal abuse material or 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] the obscene animal abuse material or pornographic material.

(2) Nothing in this part affects any private right of action existing under other law, including- contract.26 - Enrolled Copy S.B.

72 including contract.

(5)(5)(a)(i) (a) (i) Notwithstanding Section 78B-6-2105, a person who is not exempt under Section 78B-6-2102, and who distributes or otherwise provides [obscene] obscene animal abuse material or pornographic material to consumers without a warning label or without the metadata described in Subsection 78B-6-2105(3)(b) is not liable if the person demonstrates reasonable efforts to determine the location of recipients of [obscene] obscene animal abuse material or pornographic material within the state and the placement of warning labels on material that enters the state.

- 36 - SB0072 compared with SB0072S01 (6) Notwithstanding Section 78B-6-2105, a video game without a warning label is not liable if it has a rating of the Entertainment Software Rating Board or equivalent, as long as it also explicitly provides notice of the content as part of the rating.

Section- 21.27 - S.B.

72 Enrolled Copy Section 21.

78B-6-2105.78B-6-2105 .

(3)(3)(a) (a) For print publications created after May 12, 2020, the warning in Subsection (2) shall be placed in clear, readable type on the cover of each publication which includes material as defined in Section 76-5c-101.

- 37 - SB0072 compared with SB0072S01 (7) The determination by a court as to whether a person is distributing material the state considers to be obscene material or performance as defined in Section 78B-6-1203 shall be proven by clear and convincing evidence.

(8) The court, in ordering payment, shall specify each amount for the civil penalty, filing fees,- and28 attorney- fees.Enrolled Copy S.B.

72 fees, and attorney fees.

- 38 - SB0072 compared with SB0072S01 (13) Notice of the alleged violation shall be executed by the attorney for the noticing party, or by the noticing party, if the noticing party is not represented by an attorney, and include a notice of alleged violation.

(14) A person who serves a notice of alleged violation identified in Subsection (13) shall complete and provide to the alleged violator at the time the notice of alleged violation is served, a notice of special compliance procedure and proof of compliance form pursuant to- Subsection29 (17).- S.B.

72 Enrolled Copy to Subsection (17).

SPECIAL COMPLIANCE PROCEDURE PROOF OF COMPLIANCE - 39 - SB0072 compared with SB0072S01 You are receiving this form because the Noticing Party listed above has alleged that you are in violation of Utah Code Section 78B-6-2103.

(2) the Noticing Party has not received this form at the address shown above, accurately completed- by30 you,- postmarkedEnrolled withinCopy 14S.B. days of your receiving this notice;

72 completed by you, postmarked within 14 days of your receiving this notice;

- 40 - SB0072 compared with SB0072S01 [ ] Eliminating the alleged exposure, and attaching a statement accurately describing how the alleged exposure has been eliminated.

Name- and31 title- ofS.B. signatory:

72 Enrolled Copy Name and title of signatory:

- 41 - SB0072 compared with SB0072S01 (23) The court shall provide to the Utah Office for Victims of Crime a copy of the court's order for payment.

(ii)- the32 number- ofEnrolled courtCopy ordersS.B. received;

72 (ii) the number of court orders received;

Effective date.

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