76-12-203. Unlawful electronic disclosure of personal identifying information.

296 words·~1 min read·/ut/title-76/chapter-12/76-12-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)As used in this section, "personal identifying information" means the same as that term is defined in Section 76-6-1101 .

(b)Terms defined in Sections 76-1-101.5 , 76-12-101 , and 76-12-201 apply to this section.

(2)An actor commits unlawful electronic disclosure of personal identifying information if the actor:

(i)electronically publishes, posts, or otherwise discloses personal identifying information of another individual in a public online site or forum without the permission of the other individual; and

(ii)undertakes the action described in Subsection (2)(a)(i) with the intent to abuse, threaten, or disrupt the other individual's electronic communication; or

(b)sends a communication by electronic mail, instant message, or other similar means, if:

(i)the communication references personal identifying information of another individual;

(ii)the actor sends the communication:

(A)without the individual's consent; and

(B)with the intent to cause a recipient of the communication to reasonably believe that the individual authorized or sent the communication; and

(iii)with the intent to:

(A)cause an individual physical, emotional, or economic injury or damage; or

(B)defraud an individual.

(a)Except as provided in Subsection (3)(b) , a violation of Subsection

(2)is a class B misdemeanor.

(b)A second or subsequent violation of Subsection

(2)is a class A misdemeanor.

(a)Except as provided in Subsection

(4)(b), a criminal prosecution under this section does not affect an individual's right to bring a civil action for damages suffered as a result of the commission of an offense under this section.

(b)This section does not create a civil cause of action based on an electronic communication made for a legitimate business purpose.

Enacted by Chapter 173 , 2025 General Session