| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 | | class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-6-703.1- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Computer: means any electronic device or communication facility that stores, processes, transmits, or facilitates the transmission of data. See Utah Code 76-6-702
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Identifying information: means a person's:
| (i) | social security number; |
| (ii) | driver license number; |
| (iii) | nondriver governmental identification number; |
| (iv) | bank account number; |
| (v) | student identification number; |
| (vi) | credit or debit card number; |
| (vii) | personal identification number; |
| (viii) | unique biometric data; |
| (ix) | employee or payroll number; |
| (x) | automated or electronic signature; or |
| (xi) | computer password. See Utah Code 76-6-702- Interactive computer service: means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet or a system operated, or services offered, by a library or an educational institution. See Utah Code 76-6-702
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Service provider: means a telecommunications carrier, cable operator, computer hardware or software provider, or a provider of information service or interactive computer service. See Utah Code 76-6-702
- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
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| (a) |
As used in this section, “electronic communication harassment” means an offense under Section 76-9-201. |
| (2) |
An actor commits unlawful disclosure of personal information if:
| (a) |
with intent that electronic communication harassment occur, the actor discloses or disseminates another person‘s identifying information with the expectation that others will further disseminate or use the person’s identifying information; and |
| (b) |
the disclosure or dissemination of the other person’s identifying information results in electronic communication harassment. |
|
| (3) |
| (a) |
If the person whose identifying information is disseminated is an adult, a violation of Subsection (2) is:
| (i) |
a class B misdemeanor on the first offense; |
| (ii) |
a class A misdemeanor on the second offense; or |
| (iii) |
a third degree felony on a third or subsequent offense. |
|
| (b) |
If the person whose identifying information is disseminated is a minor, a violation of Subsection (2) is:
| (i) |
a class A misdemeanor on the first offense; or |
| (ii) |
a third degree felony on the second or subsequent offense. |
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| (4) |
| (b) |
In accordance with 47 U.S.C. § 230, this section may not apply to, and nothing in this section may be construed to impose liability or culpability on, an interactive computer service for content provided by another person. |
| (c) |
This section does not affect, limit, or apply to any activity or conduct that is protected by the constitution or laws of this state, or by the constitution or laws of the United States. |
|
| (5) |
| (a) |
An interactive computer service is not guilty of violating this section if an actor violates this section using the interactive computer service and the interactive computer service did not knowingly assist the actor to commit the violation. |
| (b) |
A service provider is not guilty of violating this section for:
| (i) |
action taken in relation to a customer of the service provider, for a legitimate business purpose, to install software on, monitor, or interact with the customer’s Internet or other network connection, service, or computer for network or computer security purposes, authentication, diagnostics, technical support, maintenance, repair, network management, updates of computer software or system firmware, or remote system management; or |
| (ii) |
action taken, including scanning and removing computer software, to detect or prevent the following:
| (A) |
unauthorized or fraudulent use of a network, service, or computer software; |
| (C) |
infringement of intellectual property rights. |
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Enacted by Chapter 111, 2023 General Session
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