76-12-207. Misrepresentation of a call or text communication identification.

511 words·~2 min read·/ut/title-76/chapter-12/76-12-207

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)"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.

(ii)"Caller or text message identification service" means a 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.

(iii)"Text message":

(A)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

(B)does not include a real-time, two-way voice or video communication.

(iv)"VoIP" means a technology that allows telephone calls to be made over computer networks, including the Internet.

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

(2)An actor commits misrepresentation of a call or text communication identification if the actor, in connection with a telecommunications service or VoIP voice service, knowingly causes a 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.

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

(2)is a class C misdemeanor.

(b)A violation of Subsection

(2)is a class B misdemeanor on a second or subsequent violation.

(c)Each separate call or text message is a violation of this section.

(4)This section does not prevent or restrict a person from blocking the capability of a caller or text message identification service to transmit caller or text message identification information.

(5)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.

(6)A violation of this section 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.

Renumbered and Amended by Chapter 173 , 2025 General Session