reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1314 - Service of summons and conclusiveness of judgment.

78B-6-1314.
Service of summons and conclusiveness of judgment.
If service of process is made upon unknown defendants by publication, the action shall proceed against the unknown persons in the same manner as against the defendants who are named and upon whom service is made by publication. Any unknown person who has or claims to have any right, title, estate, lien, or interest in the property, which is a cloud on the title and adverse to the plaintiff, who has been served as above, and anyone claiming under him, shall be concluded by any judgment in the action even though the unknown person may be under a legal disability.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 13 - Quiet Title › Section 1315 - Judgment on default -- Court must require evidence -- Conclusiveness of judgment.

78B-6-1315.
Judgment on default -- Court must require evidence -- Conclusiveness of judgment.
(1) If the summons has been served and the time for answering has expired, the court shall proceed to hear the cause as in other cases.
(2) The court may examine and determine the legality of the plaintiff's title and the title and claims of all the defendants and all unknown persons.
(3) The court may not enter any judgment by default against unknown defendants, but in all cases shall require evidence of plaintiff's title and possession and hear the evidence offered respecting the claims and title of any of the defendants. The court may enter judgment in accordance with the evidence and the law only after hearing all the evidence.
(4) The judgment shall be conclusive against all the persons named in the summons and complaint who have been served and against all unknown persons as stated in the complaint and summons who have been served by publication.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 15 - Structured Settlement Protection Act › Section 1503 - Required disclosures to payee.

78B-6-1503.
Required disclosures to payee.
Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 point, setting forth:
(1) the amounts and due dates of the structured settlement payments to be transferred;
(2) the aggregate amount of the payments;
(3) the discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities," and the amount of the Applicable Federal Rate used in calculating the discounted present value;
(4) the gross advance amount;
(5) an itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any of the fees and disbursements;
(6) the net advance amount;
(7) the amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and
(8) a statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 15 - Structured Settlement Protection Act › Section 1504 - Approval of transfers of structured settlement payment rights.

78B-6-1504.
Approval of transfers of structured settlement payment rights.
Direct or indirect transfer of structured settlement payment rights may not be effective and a structured settlement obligor or annuity issuer may not be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order based on express findings by the court that:
(1) the transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;
(2) the payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing; and
(3) the transfer does not contravene any applicable statute or the order of any court or other government authority.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 15 - Structured Settlement Protection Act › Section 1505 - Effects of transfer of structured settlement payment rights.

78B-6-1505.
Effects of transfer of structured settlement payment rights.
Following a transfer of structured settlement payment rights under this chapter:
(1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments.
(2) The transferee shall be liable to the structured settlement obligor and the annuity issuer:
(a) if the transfer contravenes the terms of the structured settlement, for any taxes incurred by the parties as a consequence of the transfer; and
(b) for any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by the parties with the order of the court or arising as a consequence of the transferee's failure to comply with this part.
(3) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees.
(4) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this part.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 15 - Structured Settlement Protection Act › Section 1506 - Procedure for approval of transfers.

78B-6-1506.
Procedure for approval of transfers.
(1) An application under this part for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court which approved the structured settlement agreement.
(2) Not less than 20 days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under Section 78B-6-1504, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including with the notice:
(a) a copy of the transferee's application;
(b) a copy of the transfer agreement;
(c) a copy of the disclosure statement required under Section 78B-6-1503;
(d) a listing of each of the payee's dependents, together with each dependent's age;
(e) notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and
(f) notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed, which shall be not less than 15 days after service of the transferee's notice, in order to be considered by the court or responsible administrative authority.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 15 - Structured Settlement Protection Act › Section 1507 - General provisions -- Construction.

78B-6-1507.
General provisions -- Construction.
(1) The provisions of this part may not be waived by any payee.
(2)
(a) Any transfer agreement entered into on or after May 6, 2002 by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state.
(b) A transfer agreement may not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
(3) The transfer of structured settlement payment rights may not extend to any payments that are life-contingent unless, before the date on which the payee signs the transfer agreement, the transferee establishes and agrees to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for:
(a) periodically confirming the payee's survival; and
(b) giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.
(4) A payee who proposes to make a transfer of structured settlement payment rights may not incur any of the following on the basis of a failure of the transfer to satisfy the requirements of this part:
(a) a penalty;
(b) a forfeiture of any application fee or other payment; or
(c) any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the requirements of this part.
(5)
(a) This part may not be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into before May 6, 2002 is valid or invalid.
(b) This part does not apply to a transfer of payment rights under workers' compensation, as defined in Section 34A-2-422, that takes effect on or after April 30, 2007.
(6) Compliance with Section 78B-6-1503 and fulfillment of the conditions set forth in Section 78B-6-1504 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 15 - Structured Settlement Protection Act › Section 1508 - Effective date.

78B-6-1508.
Effective date.
This part shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after May 6, 2002; provided, however, that nothing contained in this part shall imply that any transfer under a transfer agreement reached prior to that date is either effective or ineffective.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 16 - Social Host Liability Act › Section 1602 - Definitions.

78B-6-1602.
Definitions.
As used in this part:
(1) "Alcoholic beverage" is as defined in Section 32B-1-102.
(2) "Emergency response provider" means an individual providing services on behalf of:
(a) a law enforcement agency;
(b) a fire suppression agency; or
(c) another agency or a political subdivision of the state.
(3) "Law enforcement officer" is as defined in Section 53-13-103.
(4) "Local entity" means the political subdivision for which an emergency response provider provides emergency services.
(5) "Minor" means an individual under the age of 18 years old.
(6)
(a) Subject to Subsection (6)(b), "response costs" means the actual costs directly associated with an emergency response provider responding to, remaining at, or otherwise dealing with an underage drinking gathering, including:
(i) the costs of medical treatment to or for an emergency response provider injured because of an activity described in this Subsection (6)(a); and
(ii) the cost of repairing damage to equipment or property of a local entity that is attributable to an activity described in this Subsection (6)(a).
(b) "Response costs" does not include:
(i) the salary and benefits of an emergency response provider for the amount of time spent responding to, remaining at, or otherwise dealing with an underage drinking gathering; or
(ii) the administrative costs attributable to an activity described in Subsection (6)(b)(i).
(7) "Underage drinking gathering" means a gathering of two or more individuals:
(a) at which an individual knowingly serves, aids in the service of, or allows the service of an alcoholic beverage to an underage person; and
(b) to which an emergency response provider is required to respond, except for a response related solely to providing medical care at the location of the gathering.
(8) "Underage person" means an individual under the age of 21 years old.
Amended by Chapter 276, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 16 - Social Host Liability Act › Section 1603 - Citation -- Civil penalty.

78B-6-1603.
Citation -- Civil penalty.
(1) An individual may not knowingly conduct, aid, or allow an underage drinking gathering.
(2) A law enforcement officer may issue a written citation to an individual who violates Subsection (1).
(3) An individual issued a citation under this section is subject to a civil penalty equal to the sum of:
(a)
(i) a fine of $250 for a first citation; or
(ii) double the fine imposed for an immediately preceding citation for each subsequent citation; and
(b) the response costs of the underage drinking gathering, not to exceed $1,000.
(4) Two or more individuals who violate Subsection (1) for the same underage drinking gathering are jointly and severally liable under this section for response costs attributable to the underage drinking gathering.
(5) An individual who violates Subsection (1) is liable under this part regardless of whether the individual is present at an underage drinking gathering.
(6) If a minor is issued a citation under this section, the minor's parent or legal guardian may not be held liable for an amount of civil penalty imposed on the minor as a result of the minor's citation.
Enacted by Chapter 187, 2009 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 16 - Social Host Liability Act › Section 1604 - Collection of civil penalty.

78B-6-1604.
Collection of civil penalty.
(1) A local entity shall mail a notice of the civil penalty amount for which an individual is liable by first-class or certified mail within 14 days of the day after which a citation is issued under Section 78B-6-1603. The notice shall contain the following information:
(a) the name of the one or more individuals being held liable for the payment of the civil penalty;
(b) the address of the location where the underage drinking gathering occurs;
(c) the date and time of the response;
(d) the name of an emergency service provider who responds to the underage drinking gathering; and
(e) an itemized list of the response costs for which the one or more individuals are liable.
(2)
(a) An individual liable under Section 78B-6-1603 shall remit payment of a civil penalty to the local entity that provides the notice required by Subsection (1) within 90 days of the date on which the notice is sent.
(b) Notwithstanding Subsection (2)(a), a local entity may:
(i) reduce the amount of a civil penalty; or
(ii) negotiate a payment schedule for a civil penalty.
(3)
(a) A civil penalty imposed under this section may be appealed as provided in Section 78B-6-1606.
(b) Notwithstanding Subsection (4), the payment of a civil payment is stayed upon an appeal made pursuant to Section 78B-6-1606.
(4)
(a) The amount of a civil penalty owed under this part is considered a debt owed to the local entity by the individual held liable under this part for an underage drinking gathering.
(b) After the notice required by Subsection (1), an individual owing a civil penalty is liable in a civil action brought in the name of the local entity for recovery of:
(i) the civil penalty; and
(ii) reasonable attorney fees.
Enacted by Chapter 187, 2009 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 16 - Social Host Liability Act › Section 1605 - Reservation of legal options -- Ordinances.

78B-6-1605.
Reservation of legal options -- Ordinances.
(1)
(a) This part may not be construed as a waiver by a local entity of a right to seek reimbursement for actual costs of response services through another legal remedy or procedure.
(b) The procedure provided for in this part is in addition to any other civil or criminal statute.
(c) This part does not limit the authority of a law enforcement officer or private citizen to make an arrest for a criminal offense arising out of conduct regulated by this part.
(2) A local entity may impose by ordinance a stricter provision related to the conduct of an underage drinking gathering, including the imposition of a different civil penalty amount, except that the ordinance shall provide that a civil penalty for an underage drinking gathering may only be imposed by a local entity for which an emergency response provider provides services at the underage drinking gathering.
Enacted by Chapter 187, 2009 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 16 - Social Host Liability Act › Section 1606 - Appeals.

78B-6-1606.
Appeals.
An individual upon whom is imposed a civil penalty under this part may appeal the imposition of the civil penalty pursuant to the procedures used by the local entity for appealing a traffic citation or a violation of an ordinance.
Enacted by Chapter 187, 2009 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 17 - Civil Action for Identity Theft › Section 1701 - Cause of action for identity theft.

78B-6-1701.
Cause of action for identity theft.
(1) A petitioner who has been injured by a violation of Section 76-6-1102, Identity Fraud, or Section 76-10-1801, Communications Fraud, may recover from the perpetrator:
(a) compensatory damages in the amount of $1,000 or up to three times the amount of actual damages, whichever is greater;
(b) attorney fees; and
(c) court costs.
(2) Actual damages may include:
(a) replacement or reissuance costs for checks and any personal identification documents;
(b) the value of the petitioner's time spent:
(i) repairing their credit history or rating; and
(ii) attending civil or administrative hearings necessary to resolve any debt, lien, or other obligation arising from the offense;
(c) lost wages; and
(d) any other verifiable costs the court may choose to include.
(3) The court may award punitive damages in addition to compensatory damages.
(4) A perpetrator who is not tried or found not guilty of a violation of Section 76-6-1102, Identity Fraud, or Section 76-10-1801, Communications Fraud, may be found liable under this section if the court finds by a preponderance of the evidence that the perpetrator participated in a violation and the petitioner was injured as a result.
(5)
(a) A perpetrator who is found guilty of a violation of Section 76-6-1102, Identity Fraud, or Section 76-10-1801, Communications Fraud, shall be found liable under this section.
(b) If restitution was ordered in the criminal action, the amount ordered shall be deducted from any damages awarded under this section.
Enacted by Chapter 143, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 18 - Renewal of Judgment Act › Section 1802 - Renewal by motion.

78B-6-1802.
Renewal by motion.
A court of record may renew a judgment issued by a court if:
(1) a motion is filed within the original action;
(2) the motion is filed before the statute of limitations on the original judgment expires;
(3) the motion includes an affidavit that contains an accounting of the original judgment and all postjudgment payments, credits, and other adjustments which are provided for by law or are contained within the original judgment;
(4) the facts in the supporting affidavit are determined by the court to be accurate and the affidavit affirms that notice was sent to the most current address known for the judgment debtor;
(5) the time for responding to the motion has expired; and
(6) the fee required by Subsection 78A-2-301(1)(l) has been paid to the clerk of the court.
Enacted by Chapter 22, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 18 - Renewal of Judgment Act › Section 1803 - Notice.

78B-6-1803.
Notice.
Notice of a motion for renewal of judgment is served in accordance with the Rules of Civil Procedure and opposition may be filed pursuant to the rules.
Enacted by Chapter 22, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 18 - Renewal of Judgment Act › Section 1804 - Date and duration of judgment.

78B-6-1804.
Date and duration of judgment.
Upon granting a motion for the renewal of judgment, the court shall enter an order which renews the original judgment from the date of entry of the order or from the scheduled expiration date of the original order, whichever occurs first, for the same amount of time as the original judgment.
Enacted by Chapter 22, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 19 - Distribution of Bad Faith Patent Infringement Letters Act › Section 1901 - Title -- Purpose.

Effective 5/13/2014
78B-6-1901.
Title -- Purpose.
(1) This part is known as the "Distribution of Bad Faith Patent Infringement Letters Act."
(2) The Legislature acknowledges that it is preempted from passing any law that conflicts with federal patent law. However, this part seeks to protect Utah businesses from the use of demand letters containing abusive and bad faith assertions of patent infringement, and build Utah's economy, while at the same time respecting federal law and not interfering with legitimate patent enforcement efforts.
Enacted by Chapter 310, 2014 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 19 - Distribution of Bad Faith Patent Infringement Letters Act › Section 1902 - Definitions.

Effective 5/13/2014
78B-6-1902.
Definitions.
As used in this part:
(1)
(a) "Demand letter" means a letter, email, or other written communication directed to a target and asserting or claiming that the target has engaged in patent infringement.
(b) "Demand letter" does not include a complaint filed in a United States District Court asserting patent infringement or discovery responses or other papers filed in an action.
(2) "Target" means a person or entity residing in, incorporated in, or organized under the laws of this state that has received a demand letter and includes the customers, distributors, and agents of the person or entity.
(3) "Sponsor" means the party or parties responsible for distribution of a demand letter.
Enacted by Chapter 310, 2014 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 19 - Distribution of Bad Faith Patent Infringement Letters Act › Section 1904 - Action -- Enforcement -- Remedies -- Damages.

Effective 5/10/2016
Superseded 7/1/2024
78B-6-1904.
Action -- Enforcement -- Remedies -- Damages.
(1) A target who has received a demand letter asserting patent infringement in bad faith, or a person aggrieved by a violation of this part, may bring an action in district court. The court may award the following remedies to a target who prevails in an action brought pursuant to this part:
(a) equitable relief;
(b) actual damages;
(c) costs and fees, including reasonable attorney fees; and
(d) punitive damages in an amount to be established by the court, of not more than the greater of $50,000 or three times the total of damages, costs, and fees.
(2) The attorney general may conduct civil investigations and bring civil actions pursuant to this part. In an action brought by the attorney general under this part, the court may award or impose any relief it considers prudent, including the following:
(a) equitable relief;
(b) statutory damages of not less than $750 per demand letter distributed in bad faith; and
(c) costs and fees, including reasonable attorney fees, to the attorney general.
(3) This part may not be construed to limit other rights and remedies available to the state or to any person under any other law.
(4) A demand letter or assertion of a patent infringement that includes a claim for relief arising under 35 U.S.C. Sec. 271(e)(2) is not subject to the provisions of this part.
(5) The attorney general shall annually provide an electronic report to the Executive Appropriations Committee regarding the number of investigations and actions brought under this part. The report shall include:
(a) the number of investigations commenced;
(b) the number of actions brought under the provisions of this part;
(c) the current status of actions brought under Subsection (5)(b); and
(d) final resolution of actions brought under this part, including any recovery under Subsection (2).
Amended by Chapter 222, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 19 - Distribution of Bad Faith Patent Infringement Letters Act › Section 1904 - Action -- Enforcement -- Remedies -- Damages.

Effective 7/1/2024
78B-6-1904.
Action -- Enforcement -- Remedies -- Damages.
(1)
(a) A target who has received a demand letter asserting patent infringement in bad faith, or a person aggrieved by a violation of this part, may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.
(b) The court may award the following remedies to a target who prevails in an action brought pursuant to this part:
(i) equitable relief;
(ii) actual damages;
(iii) costs and fees, including reasonable attorney fees; and
(iv) punitive damages in an amount to be established by the court, of not more than the greater of $50,000 or three times the total of damages, costs, and fees.
(2)
(a) The attorney general may conduct civil investigations and bring civil actions pursuant to this part.
(b) In an action brought by the attorney general under this part, the court may award or impose any relief the court considers prudent, including the following:
(i) equitable relief;
(ii) statutory damages of not less than $750 per demand letter distributed in bad faith; and
(iii) costs and fees, including reasonable attorney fees, to the attorney general.
(3) This part may not be construed to limit other rights and remedies available to the state or to any person under any other law.
(4) A demand letter or assertion of a patent infringement that includes a claim for relief arising under 35 U.S.C. Sec. 271(e)(2) is not subject to the provisions of this part.
(5) The attorney general shall annually provide an electronic report to the Executive Appropriations Committee regarding the number of investigations and actions brought under this part. The report shall include:
(a) the number of investigations commenced;
(b) the number of actions brought under the provisions of this part;
(c) the current status of actions brought under Subsection (5)(b); and
(d) final resolution of actions brought under this part, including any recovery under Subsection (2).
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 19 - Distribution of Bad Faith Patent Infringement Letters Act › Section 1905 - Bond.

Effective 5/13/2014
Superseded 7/1/2024
78B-6-1905.
Bond.
(1) Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a sponsor has made a bad faith assertion of patent infringement in a demand letter in violation of this part, the court shall require the sponsor to post a bond in an amount equal to a good faith estimate of the target's costs to litigate the claim under this part and amounts reasonably likely to be recovered under Subsections 78B-6-1904(1)(b) and (c), conditioned upon payment of any amounts finally determined to be due to the target.
(2) A hearing on the appropriateness and amount of a bond under this section shall be held if either party requests it.
(3) A bond ordered pursuant to this section may not exceed $250,000. The court may waive the bond requirement if it finds the sponsor has available assets equal to the amount of the proposed bond or for other good cause shown.
Enacted by Chapter 310, 2014 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 19 - Distribution of Bad Faith Patent Infringement Letters Act › Section 1905 - Bond.

Effective 7/1/2024
78B-6-1905.
Bond.
(1) Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a sponsor has made a bad faith assertion of patent infringement in a demand letter in violation of this part, the court shall require the sponsor to post a bond in an amount equal to a good faith estimate of the target's costs to litigate the claim under this part and amounts reasonably likely to be recovered under Subsections 78B-6-1904(1)(b)(ii) and (iii), conditioned upon payment of any amounts finally determined to be due to the target.
(2) A hearing on the appropriateness and amount of a bond under this section shall be held if either party requests it.
(3) A bond ordered pursuant to this section may not exceed $250,000. The court may waive the bond requirement if it finds the sponsor has available assets equal to the amount of the proposed bond or for other good cause shown.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 21 - Cause of Action for Minors Injured by Pornographic Material › Section 2100 - Title.

Effective 5/9/2017
78B-6-2100.
Title.
This part is known as "Cause of Action for Minors Injured by Pornographic Material."
Enacted by Chapter 464, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 21 - Cause of Action for Minors Injured by Pornographic Material › Section 2101 - Definitions.

Effective 5/9/2017
78B-6-2101.
Definitions.
As used in this part:
(1) "Minor" means an individual less than 18 years of age.
(2) "Pornographic material" means material that:
(a) the average person, applying contemporary community standards, finds that, taken as a whole, appeals to prurient interest in sex;
(b) is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and
(c) taken as a whole does not have serious literary, artistic, political, or scientific value.
Enacted by Chapter 464, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 21 - Cause of Action for Minors Injured by Pornographic Material › Section 2102 - Exemptions.

Effective 5/9/2017
78B-6-2102.
Exemptions.
(1) If the conditions of Subsection (2) are met, this part does not apply to:
(a) the following, as defined in the Communications Act of 1934, as amended:
(i) an interactive computer service;
(ii) a telecommunications service, information service, or mobile service, including a commercial mobile service; or
(iii) a multichannel video programming distributor;
(b) an Internet service provider;
(c) a provider of an electronic communications service;
(d) a distributor of Internet-based video services;
(e) a host company as defined in Section 76-10-1230; or
(f) a distributor of electronic or computerized game software that users manipulate through interactive devices.
(2) This part does not apply to an entity described in Subsection (1) if:
(a) the distribution of pornographic material by the entity occurs only incidentally through the entity's function of:
(i) transmitting or routing data from one person to another person;
(ii) providing a connection between one person and another person; or
(iii) providing data storage space or data caching to a person;
(b) the entity does not intentionally aid or abet in the distribution of the pornographic material; and
(c) the entity does not knowingly receive from or through a person who distributes the pornographic material a fee greater than the fee generally charged by the entity, as a specific condition for permitting the person to distribute the pornographic material.
Enacted by Chapter 464, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 21 - Cause of Action for Minors Injured by Pornographic Material › Section 2103 - Liability -- Safe harbor.

Effective 5/12/2020
78B-6-2103.
Liability -- Safe harbor.
(1) A person who is not exempt under Section 78B-6-2102, and who predominately distributes or otherwise predominately provides pornographic material to consumers is liable to a person if:
(a) at the time the pornographic material is viewed by the person, the person is a minor; and
(b) the 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 pornographic material.
(2) Nothing in this part affects any private right of action existing under other law, including contract.
(3) Notwithstanding Subsection (1), a person who distributes or otherwise provides pornographic material is not liable under this section if the person who distributes or otherwise provides pornographic material:
(a) provides a warning that:
(i) is conspicuous;
(ii) appears before the pornographic material can be accessed; and
(iii) consists of a good faith effort to warn persons accessing the pornographic material that the pornographic material may be harmful to minors; and
(b) makes a good faith effort to verify the age of a person accessing the pornographic material.
(4) Subsection (3) may not be interpreted as exempting a person from complying with Title 13, Chapter 39, Child Protection Registry.
(5)
(a) Notwithstanding Section 78B-6-2105, a person who is not exempt under Section 78B-6-2102, and who predominately distributes or otherwise predominately provides obscene 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 material within the state and the placement of warning labels on material that enters the state. Reasonable efforts shall result in a compliance rate that exceeds 75% of the content believed to enter the state within the shorter of six months prior to any claim, or from May 12, 2020 to the time of the claim. Proof of reasonable efforts shall remove liability only for the type of compliance for which reasonable efforts have been proven.
(b) The use of virtual private networks or similar technology by the consumer to hide the consumer's location may not be included in a compliance rate calculation.
(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.
Amended by Chapter 442, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 21 - Cause of Action for Minors Injured by Pornographic Material › Section 2104 - Damages -- Class action.

Effective 5/12/2020
78B-6-2104.
Damages -- Class action.
(1) If a court finds that a person is violating Section 78B-6-2103, the court may award the plaintiff:
(a) actual damages; and
(b) punitive damages, if it is proven that the person targeted minors.
(2) A class action may be brought under this part in accordance with Utah Rules of Civil Procedure, Rule 23.
Amended by Chapter 442, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 22 - Cause of Action to Protect Minors from Unfiltered Devices › Section 2201 - Title.

(Contingently Effective)
Affected by 63I-2-278 on 1/1/2031
(Contingently Effective)
78B-6-2201.
Title.
This part is known as "Cause of Action to Protect Minors from Unfiltered Devices."
Enacted by Chapter 416, 2021 General Session
Revisor instructions Chapter 416, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 22 - Cause of Action to Protect Minors from Unfiltered Devices › Section 2202 - Definitions.

(Contingently Effective)
Affected by 63I-2-278 on 1/1/2031
(Contingently Effective)
78B-6-2202.
Definitions.
As used in this part:
(1) "Activate" means the process of powering on a device and associating it with a new user account.
(2) "Device" means a tablet or a smart phone sold in Utah and manufactured on or after January 1 of the year following the year this bill takes effect.
(3) "Filter" means software installed on a device that is capable of preventing the device from accessing or displaying material that is harmful to minors through the Internet or any applications owned and controlled by the manufacturer and installed on the device.
(4) "Harmful to minors" means the same as that term is defined in Section 76-10-1201.
(5) "Internet" means the same as that term is defined in Section 13-40-102.
(6)
(a) "Manufacturer" means a person that:
(i) is engaged in the business of manufacturing a device; and
(ii) has a commercial registered agent as that term is defined in Section 16-17-102.
(b) "Manufacturer" includes a registrant as that term is defined in Section 70-3a-103.
(7) "Minor" means an individual under the age of 18 who is not emancipated, married, or a member of the armed forces of the United States.
(8) "Smart phone" means the same as that term is defined in Section 63A-2-101.5.
(9) "Tablet" means a mobile device that:
(a) is equipped with a mobile operating system, touchscreen display, and rechargeable battery; and
(b) has the ability to support access to a cellular network.
Enacted by Chapter 416, 2021 General Session
Revisor instructions Chapter 416, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 22 - Cause of Action to Protect Minors from Unfiltered Devices › Section 2203 - Filter required.

(Contingently Effective)
Affected by 63I-2-278 on 1/1/2031
(Contingently Effective)
78B-6-2203.
Filter required.
Beginning on January 1 of the year following the year this bill takes effect, a manufacturer shall manufacture a device that, when activated in the state, automatically enables a filter that:
(1) when enabled, prevents the user from accessing or downloading material that is harmful to minors on:
(a) mobile data networks;
(b) applications owned and controlled by the manufacturer;
(c) wired Internet networks; and
(d) wireless Internet networks;
(2) notifies the user of the device when the filter blocks the device from downloading an application or accessing a website;
(3) gives a user with a passcode the opportunity to unblock a filtered application or website; and
(4) reasonably precludes a user other than a user with a passcode the opportunity to deactivate, modify, or uninstall the filter.
Enacted by Chapter 416, 2021 General Session
Revisor instructions Chapter 416, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 22 - Cause of Action to Protect Minors from Unfiltered Devices › Section 2204 - Liability.

(Contingently Effective)
Affected by 63I-2-278 on 1/1/2031
(Contingently Effective)
78B-6-2204.
Liability.
(1) Beginning January 1 of the year following the year this bill takes effect, a manufacturer of a device is liable to a minor in the state if:
(a) the device is activated in the state;
(b) the device does not, upon activation in the state, enable a filter that complies with the requirements described in Section 78B-6-2203; and
(c) the minor accesses material that is harmful to minors on the device.
(2) Nothing in this part affects any private right of action existing under other law, including contract.
(3) Notwithstanding Subsection (1), this section does not apply to a manufacturer that makes a good faith effort to provide a device that, upon activation of the device in the state, automatically enables a generally accepted and commercially reasonable method of filtration in accordance with this part and industry standards.
Enacted by Chapter 416, 2021 General Session
Revisor instructions Chapter 416, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 22 - Cause of Action to Protect Minors from Unfiltered Devices › Section 2205 - Damages -- Class action.

(Contingently Effective)
Affected by 63I-2-278 on 1/1/2031
(Contingently Effective)
78B-6-2205.
Damages -- Class action.
(1) If a court finds that a manufacturer is liable under Section 78B-6-2204, the court may award the plaintiff actual damages.
(2) A class action may be brought under this part in accordance with Utah Rules of Civil Procedure, Rule 23.
Enacted by Chapter 416, 2021 General Session
Revisor instructions Chapter 416, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 23 - Firearm Preemption Enforcement Act › Section 2301 - Definitions.

Effective 2/27/2023
78B-6-2301.
Definitions.
As used in this part:
(1) "Directive" means an ordinance, regulation, measure, rule, enactment, order, or policy issued, enacted, or required by a local or state governmental entity.
(2) "Firearm" means the same as that term is defined in Section 53-5a-102.
(3) "Legislative firearm preemption" means the preemption provided for in Sections 53-5a-102 and 76-10-500.
(4) "Local or state governmental entity" means:
(a) a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state, including the Utah Board of Higher Education, each institution of higher education, and the boards of trustees of each higher education institution; or
(b) a county, city, town, metro township, special district, local education agency, public school, school district, charter school, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 23 - Firearm Preemption Enforcement Act › Section 2302 - Violation of legislative preemption -- Exceptions.

Effective 5/4/2022
78B-6-2302.
Violation of legislative preemption -- Exceptions.
(1) A local or state governmental entity may not enact or enforce a directive that violates legislative firearm preemption.
(2) This part does not prohibit the enactment or enforcement of a directive:
(a) by a law enforcement agency if the directive pertains to a firearm issued to or used by a peace officer in the course of the peace officer's official duties;
(b) by a correctional facility or mental health facility under Section 76-8-311.3;
(c) of judicial administration if the directive establishes a secure courthouse;
(d) by the State Tax Commission if the directive establishes a secure area within a State Tax Commission facility; or
(e) by a local or state governmental entity if the directive is developed in response to and in accordance with legislative authority.
Enacted by Chapter 428, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 23 - Firearm Preemption Enforcement Act › Section 2303 - Civil action -- Injunction -- Damages -- Immunity.

Effective 5/4/2022
78B-6-2303.
Civil action -- Injunction -- Damages -- Immunity.
(1) A person who is harmed by a local or state governmental entity that makes or causes to be enforced a directive in violation of legislative firearm preemption may submit a written communication to the local or state governmental entity that harmed the person asking the local or state governmental entity that harmed the person to rescind or repeal the directive.
(2)
(a) If a local or state governmental entity fails to rescind or repeal a directive within 30 days after the day on which the local or state governmental entity receives a request described in Subsection (1), the person who submitted the request may file suit against the local or state governmental entity that failed to rescind or repeal the directive.
(b) The suit described in Subsection (2)(a) may be filed in any court of this state having jurisdiction over the local or state governmental entity that failed to rescind or repeal the directive in accordance with Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(3) If the court determines that the local or state governmental entity that failed to rescind or repeal the directive violated legislative firearm preemption, the court shall:
(a) order that the relevant directive is void;
(b) prohibit the local or state governmental entity that failed to rescind or repeal the void directive from enforcing the void directive; and
(c) award to the prevailing party:
(i) actual damages, which includes the cost of time in bringing the civil action or defending against the action;
(ii) reasonable attorney fees and costs in accordance with the laws of this state; and
(iii) interest on the sums awarded under this Subsection (3) accrued at the legal rate from the date on which the suit is filed.
Enacted by Chapter 428, 2022 General Session