(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.