76-12-205. Disclosure of personal information with intent to cause electronic communication harassment.
(1)
(a) As used in this section:
(i) "Adult" means an individual 18 years old or older.
(ii) "Computer" means the same as that term is defined in Section 76-6-702.
(iii) "Electronic communication harassment" means an offense under Section 76-12-202, 76-12-203, or 76-12-204.
(iv) "Identifying information" means the same as that term is defined in Section 76-6-702.
(v) "Interactive computer service" means the same as that term is defined in Section 76-6-702.
(vi) "Minor" means an individual who is younger than 18 years old.
(vii) "Service provider" means the same as that term is defined in Section 76-6-702.
(viii) "Software" means the same as that term is defined in Section 76-6-702.
(b) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-201 apply to this section.
(2) An actor commits disclosure of personal information with intent to cause electronic communication harassment if:
(a) with intent that electronic communication harassment occur, the actor discloses or disseminates another person's identifying information with the expectation that others will further disseminate or use the person's identifying information; and
(b) the disclosure or dissemination of the other person's identifying information results in electronic communication harassment.
(3)
(a) If the individual whose identifying information is disseminated is an adult, a violation of Subsection (2) is:
(i) a class B misdemeanor on the first offense;
(ii) a class A misdemeanor on the second offense; or
(iii) a third degree felony on a third or subsequent offense.
(b) If the individual whose identifying information is disseminated is a minor, a violation of Subsection (2) is:
(i) a class A misdemeanor on the first offense; or
(ii) a third degree felony on the second or subsequent offense.
(4)
(a) This section does not apply to an actor who provides information in conjunction with a report under Title 34A, Chapter 6, Utah Occupational Safety and Health Act, or Title 67, Chapter 21, Utah Protection of Public Employees Act.
(b) In accordance with 47 U.S.C. Sec. 230, this section may not apply to, and does not impose liability or culpability on, an interactive computer service for content provided by another person.
(c) 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 does not commit a violation of Subsection (2) if an actor violates Subsection (2) using the interactive computer service and the interactive computer service did not knowingly assist the actor to commit the violation.
(b) A service provider does not commit a violation of Subsection (2) 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.
Renumbered and Amended by Chapter 173, 2025 General Session
