“Unlawful conduct” includes:

(1)  a licensee conducting a deception detection examination:

Terms Used In Utah Code 58-64-501

  • Deception detection examination: means the use of an instrument, or software application designed for detecting deception, on an individual for the purpose of detecting whether that individual is engaged in deception. See Utah Code 58-64-102
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  outside of the physical presence of the subject of the examination;

(b)  on the subject of the examination by use of any electronic means, including the telephone; and

(c)  through any surreptitious means when the subject of the examination is not aware of the examination; and

(2)  conducting a deception detection examination if the individual performing the deception detection examinations is located outside of the state and performs a deception detection examination by any electronic means upon a person located within the state.

Enacted by Chapter 215, 1995 General Session