A person is guilty of phishing if, with intent to defraud or injure an individual, or with knowledge that the person is facilitating a fraud or injury to be perpetrated by another:
Terms Used In Utah Code 13-40-201
False pretenses: means the representation of a fact or circumstance that is not true and is calculated to mislead. See Utah Code 13-40-102
Fraud: Intentional deception resulting in injury to another.
Identifying information: means any information that can be used to access a person's financial accounts or to obtain goods and services, including the person's:
Internet: means the global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions, and that is able to support communications using the transmission control protocol/Internet protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure. See Utah Code 13-40-102
Message: means a graphical or text communication presented to an authorized user of a computer. See Utah Code 13-40-102
Person: means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof. See Utah Code 13-40-102
Webpage: means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet. See Utah Code 13-40-102
(a)
the person makes a communication under false pretenses purporting to be by or on behalf of a legitimate business, without the authority or approval of the legitimate business; and
(b)
the person uses the communication to induce, request, or solicit another person to provide identifying information or property.
(2)
A person is guilty of pharming if, with intent to defraud or injure another, or with knowledge that the person is facilitating a fraud or injury to be perpetrated by another, the person:
(a)
creates or operates a webpage that represents itself as belonging to or being associated with a legitimate business, without the authority or approval of the legitimate business, if that webpage may induce any user of the Internet to provide identifying information or property; or
(b)
alters a setting on a user’s computer or similar device or software program through which the user may search the Internet, causing any user of the Internet to view a communication that represents itself as belonging to or being associated with a legitimate business, if the message has been created or is operated without the authority or approval of the legitimate business and induces, requests, or solicits any user of the Internet to provide identifying information or property.
Repealed and Re-enacted by Chapter 200, 2010 General Session
