Utah Code 76-6-703.5. Interference or interruption of critical infrastructure

76-6-703.5. Interference or interruption of critical infrastructure.

(1)	Terms defined in Sections 76-1-101.5 and 76-6-702 apply to this section.

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Terms Used In Utah Code 76-6-703.5

Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
Authorization: means having the express or implied consent or permission of the owner, or of the person authorized by the owner to give consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. See Utah Code 76-6-702
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
Critical infrastructure: includes :

(a)	a financial or banking system;

(b)	any railroad, airline, airport, airway, highway, bridge, waterway, fixed guideway, or other transportation system intended for the transportation of persons or property;

(c)	any public utility service, including a power, energy, gas, or water supply system;

(d)	a sewage or water treatment system;

(e)	a health care facility, as that term is defined in Section 26B-2-201;

(f)	an emergency fire, medical, or law enforcement response system;

(g)	a public health facility or system;

(h)	a food distribution system;

(i)	a government computer system or network;

(j)	a school; or

(k)

other government facilities, operations, or services. 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

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

(2)

An actor commits interference or interruption of critical infrastructure if the actor intentionally or knowingly, and without lawful authorization, interferes with or interrupts critical infrastructure.

(3)	A violation of Subsection (2) is a third degree felony.

(4)

(a)	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.

(b)	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 a person violates this section using the interactive computer service and the interactive computer service did not knowingly assist the person 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;

(B)	illegal activity; or

(C)	infringement of intellectual property rights.

Enacted by Chapter 111, 2023 General Session

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