Law / United States / Utah

SB 287 (2023), Online Pornography Viewing Age Requirements, as amended by SB 73 (2026), Online Age Verification Amendments

Utah Code Ann. sections 78B-3-1001 to 78B-3-1008 (Title 78B, ch. 3, pt. 10), as amended by 2026 Utah Laws (S.B. 73)

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What follows is LexLint's own research summary of this law, not legal advice.

In force since 3 May 2023.

An adult content age verification (AV) rule binding private bodies.

As of 2 September 2026.

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Makes a commercial entity that publishes material harmful to minors on a website where more than one third of total material is harmful to minors civilly liable if it fails to verify that Utah visitors are 18 or older using a digitized identification card, an independent third party age verification service, or a commercially reasonable method relying on transactional data.

SB 73 (2026) added Division of Consumer Protection enforcement effective May 6, 2026, a rule treating a user as accessing the site from Utah even through a VPN, and a 2 percent excise tax on covered content revenue effective October 1, 2026 that funds youth mental health programs and enforcement.

If you get it wrong

Criminal exposureNo

Private right of actionYes

Penalty structure

Administrative fine or court-ordered civil penalty of up to $2,500 per violation, imposed by the Division of Consumer Protection or a court since SB 73 (2026) added Division enforcement; a separate civil penalty of up to $5,000 per violation applies to violating an administrative or court order.

Rule
Per violation only
As of
2 September 2026
Currency
USD
Per violation unit
Violation
Per violation amount
2,500

Who enforces it

Enforcement body

Originally private civil liability only; since SB 73 (2026), also the Utah Division of Consumer Protection (Department of Commerce) with investigation authority, administrative fines, and civil penalties.

Litigation

Court
U.S. Court of Appeals for the Tenth Circuit; U.S. District Court for the District of Utah
Docket
Free Speech Coalition, Inc. v. Anderson, No. 23-4104 (10th Cir. 2024) (challenge to the original 2023 law); Aylo Freesites Ltd. v. Utah Division of Consumer Protection, No. 2:26-cv-00340 (D. Utah) (challenge to the 2026 amendment)
Posture
The original 2023 law's challenge was dismissed on Eleventh Amendment immunity grounds because the law relied on private enforcement, affirmed by the Tenth Circuit on October 1, 2024. Aylo's challenge to the 2026 VPN and excise tax provisions, filed April 22, 2026, is pending, and the state agreed to delay enforcement of the VPN liability provision until September 3, 2026 while the case proceeds.

What it reaches

Age threshold

18

Covered services

Commercial entities for which a substantial portion (more than one third) of website content is pornography or other material harmful to minors.

Obligation class

Age verification, Retention

Verification methods

Digital ID, Third party service, Transactional data

When LexLint raises it

  • publishes_adult_content

Read the law

official enrolled bill text, Utah State Legislature

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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