JurisdictionUtahTitle 76Utah Criminal Code
Ch. 76-12Offenses Related to Privacy, Information, and Communication
Part 76-12-2Electronic Communication Abuse
This text of Utah § 76-12-207 (Misrepresentation of a call or text communication identification.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)(1)(a) As used in this section:
(1)(a)(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.
(1)(a)(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.
(1)(a)(iii) "Text message":
(1)(a)(iii)(A) means a real-time or near real-time message cons
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(1) (1)(a) As used in this section:
(1)(a)(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.
(1)(a)(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.
(1)(a)(iii) "Text message":
(1)(a)(iii)(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
(1)(a)(iii)(B) does not include a real-time, two-way voice or video communication.
(1)(a)(iv) "VoIP" means a technology that allows telephone calls to be made over computer networks, including the Internet.
(1)(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:
(2)(a) with the intent to harm the recipient of the call or text message; or
(2)(b) to a public safety answering point when reporting an emergency.
(3) (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class C misdemeanor.
(3)(b) A violation of Subsection (2) is a class B misdemeanor on a second or subsequent violation.
(3)(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:
(5)(a) the lawful investigative, protective, or intelligence activity of a law enforcement agency; and
(5)(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:
(7)(a) transmits, routes, or provides connections for material without selecting the material;
(7)(b) stores or delivers the material at the direction of a user; or
(7)(c) provides a caller or text message identification service.