76-12-204. Unlawful electronic disclosure of a minor's personal information.

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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:

(i)"Minor victim" means a minor who is a victim of a violation of Subsection (2).

(ii)"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 a minor's personal information if:

(a)the actor:

(i)is an adult;

(ii)electronically publishes, posts, or otherwise discloses in a public online site or forum personal identifying information of a minor who is unrelated by blood, marriage, or adoption to the actor; and

(iii)knows of, but consciously disregards, a substantial and unjustifiable risk that performing the action described in Subsection (2)(a)(ii) will result in the minor being the victim of an offense described in Title 76, Chapter 5, Offenses Against the Individual; and

(b)the minor described in Subsection (2)(a)(ii) is aware of the actor's action described in Subsection (2)(a)(ii).

(3)A 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.

(a)A minor victim has a civil right of action against an actor who violates Subsection

(2).

(b)A minor victim who brings a successful civil action under Subsection (5)(a) is entitled to recover from the actor:

(i)damages resulting from the violation of Subsection (2);

(ii)reasonable attorney fees; and

(iii)court costs.

Enacted by Chapter 173 , 2025 General Session