77-23c-105.
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/ut/title-77/chapter-23c/77-23c-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/6/2026
77-23c-105. Chapter is exclusive method of obtaining, using, copying, or disclosing electronic information or records -- Exclusion of electronic information or records obtained, used, copied, or disclosed in violation of this chapter.
(1)A law enforcement agency may only obtain, use, copy, disclose, or otherwise access electronic information or a record described in this chapter if the law enforcement agency has:
(a)complied with the applicable procedures and requirements provided under this chapter; or
(b)obtained the electronic information or record under an exception described in Section 77-23c-104.1 .
(2)Except as provided in Section 77-23c-104.1 , a law enforcement agency may not approach, solicit, direct, or contract with or otherwise use a third party, including a federal agency, an agency in a different state, or an agency in a different country, to obtain, use, copy, disclose, or otherwise access electronic information or a record described in this chapter:
(a)in a manner that the law enforcement agency would be prohibited from doing directly under this chapter; or
(b)in an attempt to circumvent or subvert the requirements of this chapter.
(a)Electronic information or records described in this chapter that are obtained, used, copied, disclosed, or otherwise accessed in violation of the provisions of this chapter shall be subject to the rules governing exclusion as if the electronic information or records were obtained, used, copied, disclosed, or otherwise accessed in violation of the Fourth Amendment to the United States Constitution and Utah Constitution, Article I, Section 14.
(b)Evidence derived from electronic information or records described in Subsection (3)(a) shall be subject to the rules governing exclusion as if the evidence were obtained, used, copied, disclosed, or otherwise accessed in violation of the Fourth Amendment to the United States Constitution and Utah Constitution, Article I, Section 14.
Amended by Chapter 338 , 2026 General Session