(1) A manufacturer of a device is subject to civil liability if: (a) a 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-6-2602; and (c) the minor accesses material that is obscene on the device. (2) 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 filter in accordance with Section 78B-6-2602. (3) Nothing in this part: (a) applies to a device manufactured before January 1, 2025; (b) applies to a video game console; or (c) creates a cause of action against a retailer of a device.
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