§ 13-39-301 — Criminal penalty.

(1) A person who violates Section 13-39-202 commits a computer crime and is guilty of a:

(1)(a) class B misdemeanor for a first offense with respect to a contact point registered with the unit under Subsection 13-39-201(2)(a); and
(1)(b) class A misdemeanor:
(1)(b)(i) for each subsequent violation with respect to a contact point registered with the unit under Subsection 13-39-201(2)(a); or
(1)(b)(ii) for each violation with respect to a domain name registered with the unit under Subsection 13-39-201(2)(b).
(2) A person commits a computer crime and is guilty of a second degree felony if the person:

(2)(a) uses information obtained from the unit under this chapter to violate Section 13-39-202;
(2)(b) improperly:
(2)(b)(i) obtains contact points from the registry; or
(2)(b)(ii) attempts to obtain contact points from the registry; or
(2)(c) uses, or transfers to a third party to use, information from the registry to send a solicitation.
(3) A criminal conviction or penalty under this section does not relieve a person from civil liability in an action under Section 13-39-302.
(4) Each communication sent in violation of Section 13-39-202 is a separate offense under this section.

Legislative History

Amended by Chapter 356, 2019 General Session