76-10-1802. Misrepresentation of call or text communication identification.
| (1) |
As used in this section:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 | | class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-10-1802- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (a) |
“Caller or text message identification information” means information provided by a caller identification service or text message service regarding the telephone number or other information regarding the origination of a call or text message made using a telecommunications service or VoIP voice service. |
| (b) |
“Caller or text message identification service” means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding, the origination of a call or text message made using a telecommunications service or VoIP voice service, including automatic number identification services. |
| (c) |
“Text message”:
| (i) |
means a real-time or near real-time message consisting of text, images, sounds, or other information transmitted from or received by a device identified by a telephone number; and |
| (ii) |
does not include a real-time, two-way voice or video communication. |
|
| (d) |
“VoIP” means a technology that allows telephone calls to be made over computer networks, including the Internet. |
|
| (2) |
It is unlawful for any person or individual, in connection with any telecommunications service or VoIP voice service, to knowingly cause any caller identification service or text message service to transmit false, misleading, or inaccurate caller or text message identification information:
| (a) |
with the intent to harm the recipient of the call or text message; or |
| (b) |
to a public safety answering point when reporting an emergency. |
|
| (3) |
This section does not prevent or restrict any person or individual from blocking the capability of any caller or text message identification service to transmit caller or text message identification information. |
| (4) |
The following are exempt from this section:
| (a) |
the lawful investigative, protective, or intelligence activity of a law enforcement agency; and |
| (b) |
a court order that specifically authorizes the use of caller or text message identification manipulation. |
|
| (5) |
Each separate call or text message transmitted in violation of this section is:
| (a) |
for a first violation, a class C misdemeanor; and |
| (b) |
for a second or subsequent violation, a class B misdemeanor. |
|
| (6) |
Violations may be enforced in a civil action initiated by the recipient of a call, message, or text message made in violation of this section, a criminal action initiated by a prosecuting attorney, or both. |
| (7) |
This section does not apply to an Internet service provider or hosting company, a provider of public telecommunications services, or a text message service by reason of the fact that the Internet service provider, hosting company, text message service, or provider of public telecommunications services:
| (a) |
transmits, routes, or provides connections for material without selecting the material; |
| (b) |
stores or delivers the material at the direction of a user; or |
| (c) |
provides a caller or text message identification service. |
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Enacted by Chapter 151, 2015 General Session
