(1)(1)(a) As used in this section, "computer technician" means an individual who in the course and scope of the individual's employment for compensation installs, maintains, troubleshoots, upgrades, or repairs computer hardware, software, personal computer networks, or peripheral equipment.
(1)(b) Terms defined in Sections 76-1-101.5 and 76-5b-103 apply to this section.
(2)An actor commits failure to report child sexual abuse material by a computer technician if:
(2)(a) the actor is a computer technician;
(2)(b) in the actor's course of employment for compensation the actor views an image on a computer or other electronic device that:
(2)(b)(i) is child sexual abuse material;
(2)(b)(ii) appears to be child sexual abuse material; or
(2)(b)(iii) the actor reasonably believes is child sexua
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(1) (1)(a) As used in this section, "computer technician" means an individual who in the course and scope of the individual's employment for compensation installs, maintains, troubleshoots, upgrades, or repairs computer hardware, software, personal computer networks, or peripheral equipment.
(1)(b) Terms defined in Sections 76-1-101.5 and 76-5b-103 apply to this section.
(2) An actor commits failure to report child sexual abuse material by a computer technician if:
(2)(a) the actor is a computer technician;
(2)(b) in the actor's course of employment for compensation the actor views an image on a computer or other electronic device that:
(2)(b)(i) is child sexual abuse material;
(2)(b)(ii) appears to be child sexual abuse material; or
(2)(b)(iii) the actor reasonably believes is child sexual abuse material; and
(2)(c) the actor willfully fails to immediately report the finding of the image to:
(2)(c)(i) a state or local law enforcement agency;
(2)(c)(ii) the Cyber Tip Line at the National Center for Missing and Exploited Children; or
(2)(c)(iii) an employee designated by the employer of the computer technician in accordance with Subsection (7).
(3) A violation of Subsection (2) a class B misdemeanor.
(4) The identity of the computer technician who reports an image that is or appears to be child sexual abuse material shall be confidential, except as necessary for the criminal investigation and the judicial process.
(5) (5)(a) If a computer technician makes or does not make a report under this section and is acting in good faith, the technician is immune from any criminal or civil liability related to reporting or not reporting the image.
(5)(b) Good faith described in Subsection (5)(a) may be presumed from a computer technician's previous course of conduct when the computer technician has made appropriate reports.
(6) It is a defense to prosecution under this section that the computer technician did not report the image because the computer technician reasonably believed the image did not depict an individual younger than 18 years old.
(7) (7)(a) An employer of a computer technician may implement a procedure that requires:
(7)(a)(i) the computer technician report an image as is required under Subsection (2) to an employee designated by the employer to receive the report of the image; and
(7)(a)(ii) the designated employee to immediately forward the report provided by the computer technician to an agency described in Subsection (2)(c)(i).
(7)(b) Compliance by the computer technician and the designated employee with the reporting process under Subsection (7)(a) is compliance with the reporting requirement of Subsection (2)(c) and establishes immunity under Subsection (5)(a).
(8) This section does not apply to an Internet service provider or interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service, information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if the provider reports the image in compliance with 18 U.S.C. 2258A or a successor federal statute that requires reporting by a provider of an image of child sexual abuse material.