(1) Terms defined in Sections 76-1-101.5 and 76-9-1401 apply to this section.
(2) An actor commits online gambling promotion if the actor intentionally provides or offers to provide a form of online gambling to an individual in this state.
(3) A violation of Subsection (2) is a third degree felony.
(4) This section does not apply to an Internet service provider, a hosting company as defined in Section 76-5c-401, a provider of public telecommunications services as defined in Section 54-8b-2, or an Internet advertising service that:
(a) transmits, routes, or provides connections for material without selecting the material; or
(b) stores or delivers the material at the direction of a user.