repeated offenses by a minor on school grounds. (1) A commercial entity that is found to have violated Section 78B-3-1002 shall be liable to an individual for damages resulting from a minor's accessing the material, including court costs and reasonable attorney fees as ordered by the court. (2) A commercial entity that is found to have knowingly retained identifying information of the individual after access has been granted to the individual shall be liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney fees as ordered by the court. (3) (a) Except as provided in Subsection (3)(f), if a person suffers damages from a minor committing the same offense repeatedly on school grounds for an offense in Title 76, Utah Criminal Code, or Title 80, Utah Juvenile Code, the person may bring a cause of action against a parent or guardian with legal custody of the minor to recover costs and damages caused by the repeated offense. (b) The parent or guardian is not liable for costs or damages under Subsection (3)(a) if the parent or guardian made a reasonable effort to supervise and direct the minor. (c) If a parent or guardian is found liable under this section, the court may waive part or all of the parent's or guardian's liability for costs or damages if the court finds: (i) good cause; or (ii) that the parent or guardian reported the minor's wrongful conduct to law enforcement after the parent or guardian knew of the minor's wrongful conduct. (d) A report is not required under Subsection (3)(c)(ii) from a parent or guardian if the minor was arrested or apprehended by law enforcement. (e) An adjudication or a conviction of a minor for a repeated offense under Title 76, Utah Criminal Code, or Title 80, Utah Juvenile Code, is not required for a civil action to be brought under this section. (f) A person may not bring a cause of action against the state, an agency of the state, or a contracted provider of an agency of the state, under this Subsection (3).
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