76-12 - Offenses Related to Privacy, Information, and Communication
Title 76 > 76-12
Sections (20)
General Provisions
76-12-101 - Definitions.
Enacted by Chapter 173, 2025 General Session
Electronic Communication Abuse
76-12-201 - Definitions.
(1) “Adult” means an individual 18 years old or older.”Adult” does not include an individual who is 18 years old and enrolled in high school.
(2) “Electronic communication” means a communication by electronic, electro-mechanical, or electro-optical communication device for the transmission and reception of audio, image, or text.”Electronic communication” does not include a broadcast transmission or a similar communication that is not targeted at a specific individual.
(3) “Electronic communication device” includes a telephone, a facsimile machine, electronic mail, a pager, a computer, or another device or medium that can be used to communicate electronically.
(4) “Minor” means an individual who is younger than 18 years old.”Minor” includes an individual who is 18 years old and enrolled in high school.
Enacted by Chapter 173, 2025 General Session
76-12-202 - Electronic communication harassment.
(1) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-201 apply to this section.
(2) Except to the extent an actor’s conduct constitutes an offense under Section 76-12-206, an actor commits electronic communication harassment if, with intent to intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of another, the actor:makes repeated contact by means of electronic communications, regardless of whether a conversation ensues; orafter the recipient has requested or informed the actor not to contact the recipient, and the actor repeatedly or continuously:contacts the electronic communication device of the recipient; orcauses an electronic communication device of the recipient to ring or to receive other notification of attempted contact by means of electronic communication;makes contact by means of electronic communication and insults, taunts, or challenges the recipient of the communication or any person at the receiving location in a manner likely to provoke a violent or disorderly response;makes contact by means of electronic communication and threatens to inflict injury, physical harm, or damage to any person or the property of any person; orcauses disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device.
(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.A second or subsequent violation of Subsection (2) is a class A misdemeanor.
(4) Except as provided in Subsection (4)(b), a criminal prosecution under this section does not affect an individual’s right to bring a civil action for damages suffered as a result of the commission of an offense under this section.This section does not create a civil cause of action based on electronic communications made for a legitimate business purpose.
(5) A violation of this section is subject to prosecution in the jurisdiction in which the electronic communication originated or was received.
Renumbered and Amended by Chapter 173, 2025 General Session
76-12-203 - Unlawful electronic disclosure of personal identifying information.
(1) As used in this section, “personal identifying information” means the same as that term is defined in Section 76-6-1101.Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-201 apply to this section.
(2) An actor commits unlawful electronic disclosure of personal identifying information if the actor:electronically publishes, posts, or otherwise discloses personal identifying information of another individual in a public online site or forum without the permission of the other individual; andundertakes the action described in Subsection (2)(a)(i) with the intent to abuse, threaten, or disrupt the other individual’s electronic communication; orsends a communication by electronic mail, instant message, or other similar means, if:the communication references personal identifying information of another individual;the actor sends the communication:without the individual’s consent; andwith the intent to cause a recipient of the communication to reasonably believe that the individual authorized or sent the communication; andwith the intent to:cause an individual physical, emotional, or economic injury or damage; ordefraud an individual.
(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.A second or subsequent violation of Subsection (2) is a class A misdemeanor.
(4) Except as provided in Subsection 76-Ch76_12|(4)], a criminal prosecution under this section does not affect an individual’s right to bring a civil action for damages suffered as a result of the commission of an offense under this section.This section does not create a civil cause of action based on an electronic communication made for a legitimate business purpose.
Enacted by Chapter 173, 2025 General Session
76-12-204 - Unlawful electronic disclosure of a minor’s personal information.
(1) As used in this section:“Minor victim” means a minor who is a victim of a violation of Subsection (2).”Personal identifying information” means the same as that term is defined in Section 76-6-1101.Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-201 apply to this section.
(2) An actor commits unlawful electronic disclosure of a minor’s personal information if:the actor:is an adult;electronically publishes, posts, or otherwise discloses in a public online site or forum personal identifying information of a minor who is unrelated by blood, marriage, or adoption to the actor; andknows of, but consciously disregards, a substantial and unjustifiable risk that performing the action described in Subsection (2)(a)(ii) will result in the minor being the victim of an offense described in Title 76, Chapter 5, Offenses Against the Individual; andthe minor described in Subsection (2)(a)(ii) is aware of the actor’s action described in Subsection (2)(a)(ii).
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) Except as provided in Subsection (4)(b), a criminal prosecution under this section does not affect an individual’s right to bring a civil action for damages suffered as a result of the commission of an offense under this section.This section does not create a civil cause of action based on an electronic communication made for a legitimate business purpose.
(5) A minor victim has a civil right of action against an actor who violates Subsection (2).A minor victim who brings a successful civil action under Subsection (5)(a) is entitled to recover from the actor:damages resulting from the violation of Subsection (2);reasonable attorney fees; andcourt costs.
Enacted by Chapter 173, 2025 General Session
76-12-205 - Disclosure of personal information with intent to cause electronic communication harassment.
(1) As used in this section:“Adult” means an individual 18 years old or older.”Computer” means the same as that term is defined in Section 76-6-702.”Electronic communication harassment” means an offense under Section 76-12-202, 76-12-203, or 76-12-204.”Identifying information” means the same as that term is defined in Section 76-6-702.”Interactive computer service” means the same as that term is defined in Section 76-6-702.”Minor” means an individual who is younger than 18 years old.”Service provider” means the same as that term is defined in Section 76-6-702.”Software” means the same as that term is defined in Section 76-6-702.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: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; andthe disclosure or dissemination of the other person’s identifying information results in electronic communication harassment.
(3) If the individual whose identifying information is disseminated is an adult, a violation of Subsection (2) is:a class B misdemeanor on the first offense;a class A misdemeanor on the second offense; ora third degree felony on a third or subsequent offense.If the individual whose identifying information is disseminated is a minor, a violation of Subsection (2) is:a class A misdemeanor on the first offense; ora third degree felony on the second or subsequent offense.
(4) 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.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.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) 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.A service provider does not commit a violation of Subsection (2) for: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; oraction taken, including scanning and removing computer software, to detect or prevent the following:unauthorized or fraudulent use of a network, service, or computer software;illegal activity; orinfringement of intellectual property rights.
Renumbered and Amended by Chapter 173, 2025 General Session
76-12-206 - Unlawful online impersonation.
(1) As used in this section:“Commercial social networking website” means a person who operates a website that allows a person to register as a user for the purpose of:establishing a personal relationship with one or more other users through direct or real time communication with the other user; orthe creation of a web page or a profile available to the public or to other users.”Commercial social networking website” does not include an electronic mail program or a message board program.Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-201 apply to this section.
(2) An actor commits unlawful online impersonation if the actor uses the name or persona of an individual:without the individual’s consent;to create a web page on a commercial social networking website or other website; orto post or send a message on or through a commercial social networking website or other website, other than on or through an electronic mail program or message board program;with the intent to cause an individual to reasonably believe that the individual whose name or persona is used authorized or performed the applicable action described in Subsection (2)(b); andwith the intent to harm, defraud, intimidate, or threaten any individual.
(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.A second or subsequent offense of Subsection (2) is a third degree felony.
(4) It is a defense to prosecution under this section that the actor is one of the following entities or that the actor’s conduct consisted solely of action taken as an employee of one of the following entities:a commercial social networking website;an Internet service provider;an interactive computer service, as defined in 47 U.S.C. Sec. 230;a telecommunications provider, as defined in Section 10-1-402;a cable television service;an entity that provides cable television service, as defined in Section 10-18-102; ora law enforcement agency engaged in lawful practices.
Renumbered and Amended by Chapter 173, 2025 General Session
76-12-207 - Misrepresentation of a call or text communication identification.
(1) As used in this section:“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.”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.”Text message”: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; anddoes not include a real-time, two-way voice or video communication.”VoIP” means a technology that allows telephone calls to be made over computer networks, including the Internet.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:with the intent to harm the recipient of the call or text message; orto a public safety answering point when reporting an emergency.
(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class C misdemeanor.A violation of Subsection (2) is a class B misdemeanor on a second or subsequent violation.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:the lawful investigative, protective, or intelligence activity of a law enforcement agency; anda 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:transmits, routes, or provides connections for material without selecting the material;stores or delivers the material at the direction of a user; orprovides a caller or text message identification service.
Renumbered and Amended by Chapter 173, 2025 General Session
Privacy Offenses
76-12-301 - Definitions.
For purposes of this part:
(1) “Eavesdrop” means to overhear, record, amplify, or transmit any part of a wire or oral communication of another without the consent of at least one party thereto by means of an electronic, mechanical, or other device.
(2) “Private place” means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance.
(3) “Public” includes any professional or social group of which the victim of a defamation is a member.
Renumbered and Amended by Chapter 173, 2025 General Session
76-12-302 - Unlawful privacy violation.
(1) For purposes of this section, “expectation of privacy” means a property owner’s expectation of privacy described in Subsection (6).Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section.
(2) An actor commits unlawful privacy violation if, except as authorized by law, the actor:trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place;installs, or uses after unauthorized installation in a private place, without the consent of the person or persons entitled to privacy in the private place, a device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events in the private place;installs or uses outside of a private place a device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events originating in the private place that would not ordinarily be audible, visible, or comprehensible outside the private place, without the consent of the person or persons entitled to privacy in the private place; oruses ground-penetrating technology, without the consent of the property owner, to detect, observe, measure, map, or otherwise capture information or data about the property or characteristics of the property of another for which the property owner has an expectation of privacy.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) A court may order an actor who commits a violation of Subsection (2) to remove or destroy any data collected by the actor in the commission of the violation of Subsection (2).
(5) An actor is not guilty of a violation of this section if:the device used is an unmanned aircraft;the actor is operating the unmanned aircraft for legitimate commercial or educational purposes in a manner consistent with applicable Federal Aviation Administration rules, exemptions, or other authorizations; andany conduct described in Subsection (2) that occurs via the unmanned aircraft is solely incidental to the lawful commercial or educational use of the unmanned aircraft.
(6) A property owner has an expectation of property privacy regarding characteristics, data, or information pertaining to the owner’s property that:is not immediately apparent through routine visual observation of the property; andrequires ground-penetrating technology to detect, observe, measure, map, or otherwise capture information or data about the property or characteristics of the property.
(7) This section does not apply to lawful practices of:a law enforcement agency; oranother government entity.Subsection (2)(d) does not apply to a land surveyor if:the land surveyor is performing a survey service in good faith pursuant to a bona fide contract; andfor any data pertaining to property not owned by a party to the contract described in Subsection (7)(b)(i) that is captured incidentally by the land surveyor, the land surveyor:does not share, publish, sell, or distribute any incidentally captured data pertaining to property that is not relevant to the contract described in Subsection (7)(b)(i); andupon completion of the contract, deletes or destroys any data pertaining to property that is not the subject of the contract.
(8) A person, or the heirs of a deceased person, who has been injured by a violation of this section may bring an action against the actor who committed the violation.If in the action described in Subsection (8)(a) the court finds the defendant is violating or has violated any of the provisions of this section, the court shall enjoin the defendant from a continued violation.It is not necessary that actual damages to the plaintiff be alleged or proved, but if damages are alleged and proved, the plaintiff in the action is entitled to recover from the defendant the actual damages sustained, if any, in addition to injunctive relief.A finding that the defendant is in violation of this section entitles the plaintiff to an award of reasonable attorney fees.Exemplary damages may be awarded when the violation is found to be malicious.
Renumbered and Amended by Chapter 173, 2025 General Session
76-12-303 - Unlawful interception or disclosure of a private communication.
(1) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section.
(2) An actor commits unlawful interception or disclosure of a private communication if, except as authorized by law, the actor:intercepts, without the consent of the sender or receiver, a message by telephone, telegraph, letter, or other means of communicating privately; ordivulges, without consent of the sender or receiver, the existence or contents of a message described in Subsection (2)(a), if the actor:knows that the message described in Subsection (2)(a) was illegally intercepted; orlearned of the message described in Subsection (2)(a) in the course of employment with an agency engaged in the transmission of the message.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) Subsection (2)(a) does not apply to:overhearing a message through a regularly installed instrument on a telephone party line or on an extension; orintercepting a message by a telephone company or subscriber incident to enforcement of regulations limiting use of the facilities or to other normal operation and use.
(5) A person, or the heirs of a deceased person, who has been injured by a violation of this section may bring an action against the actor who committed the violation.If in the action described in Subsection (5)(a) the court finds the defendant is violating or has violated any of the provisions of this section, the court shall enjoin the defendant from a continued violation.It is not necessary that actual damages to the plaintiff be alleged or proved, but if damages are alleged and proved, the plaintiff in the action is entitled to recover from the defendant the actual damages sustained, if any, in addition to injunctive relief.A finding that the defendant is in violation of this section entitles the plaintiff to an award of reasonable attorney fees.Exemplary damages may be awarded when the violation is found to be malicious.
Renumbered and Amended by Chapter 173, 2025 General Session
76-12-304 - Unlawful use of another’s personal identity in an advertisement.
(1) Terms defined in Sections 45-3-2, 76-1-101.5, 76-12-101, and 76-12-301 apply to this section.
(2) An actor commits unlawful use of another’s personal identity in an advertisement if the actor knowingly or intentionally causes the publication of an advertisement in which the personal identity of an individual is used in a manner that expresses or implies that the individual approves, endorses, has endorsed, or will endorse the specific subject matter of the advertisement without the consent for such use by the individual.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) It is an affirmative defense that the actor who caused the publication of the advertisement reasonably believed that the individual whose personal identity was to be used had consented to the use of the individual’s personal identity.
(5) Upon conviction of an offense under this section, unless waived by the victim, the court shall order that, within 30 days of the conviction, the actor convicted shall issue a public apology or retraction to whomever received the advertisement.The apology or retraction described in Subsection (5)(a) shall be of similar size and placement as the original advertisement.
(6) Nothing in this section prohibits a civil action under Title 45, Chapter 3, Abuse of Personal Identity Act.
(7) A person, or the heirs of a deceased person, who has been injured by a violation of this section may bring an action against the actor who committed the violation.If in the action described in Subsection (7)(a) the court finds the defendant is violating or has violated any of the provisions of this section, the court shall enjoin the defendant from a continued violation.It is not necessary that actual damages to the plaintiff be alleged or proved, but if damages are alleged and proved, the plaintiff in the action is entitled to recover from the defendant the actual damages sustained, if any, in addition to injunctive relief.A finding that the defendant is in violation of this section entitles the plaintiff to an award of reasonable attorney fees.Exemplary damages may be awarded when the violation is found to be malicious.
Renumbered and Amended by Chapter 173, 2025 General Session
76-12-305 - Unlawful installation of a tracking device.
(1) As used in this section:“Motor vehicle” means the same as that term is defined in Subsection 41-12a-103(4).”Private investigator” means an individual who is:licensed as a private investigator under Title 53, Chapter 9, Private Investigator Regulation Act; andacting in the capacity of a private investigator.”Protective order” means a protective order, stalking injunction, or restraining order issued by a court of any jurisdiction.”Tracking device” means a device used for the primary purpose of revealing the device’s location or movement by the transmission or recording of an electronic signal.”Tracking device” does not include location technology installed on a vehicle by the vehicle manufacturer or a commercial vehicle dealer that transmits electronic signals for the purpose of data collection, if the data collection is anonymized.Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section.
(2) Except as provided in Subsection (4), an actor commits unlawful installation of a tracking device if the actor knowingly installs, or directs another to install, a tracking device on a motor vehicle owned or leased by another person, without the permission of the owner or lessee of the vehicle.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) An actor does not commit a violation of Subsection (2) if the actor:is a licensed private investigator installing the tracking device for a legitimate business purpose; andinstalls the tracking device on a motor vehicle that is not:owned or leased by an individual under the protection of a protective order; oroperated by an individual under the protection of a protective order who resides with, or is an immediate family member of, the owner or lessee of the motor vehicle; orinstalls the tracking device pursuant to a court order.
(5) This section does not apply to a peace officer, acting in the peace officer’s official capacity, who installs a tracking device on a motor vehicle in the course of a criminal investigation or pursuant to a court order.
(6) Before installing a tracking device on a motor vehicle under Subsection (4), a private investigator shall request confirmation from a state entity with access to updated protective order records, that:the owner or lessee of the vehicle is not under the protection of a protective order; andan individual who resides with, or is an immediate family member of, the owner or lessee of the motor vehicle is not under the protection of a protective order.
(7) On request from a licensed private investigator, a state entity, including a law enforcement agency, with access to protective order records shall confirm or deny the existence of a protective order, disclosing only whether an individual named by the private investigator is under the protection of a protective order issued in any jurisdiction.
(8) A private investigator may not disclose the information obtained under Subsection (7) to any person, except as permitted by law.
(9) On request from the Bureau of Criminal Identification, a private investigator who installs a tracking device on a motor vehicle shall disclose the purpose of the tracking device to the Bureau of Criminal Identification.
(10) A person, or the heirs of a deceased person, who has been injured by a violation of this section may bring an action against the actor who committed the violation.If in the action described in Subsection (10)(a) the court finds the defendant is violating or has violated any of the provisions of this section, the court shall enjoin the defendant from a continued violation.It is not necessary that actual damages to the plaintiff be alleged or proved, but if damages are alleged and proved, the plaintiff in the action is entitled to recover from the defendant the actual damages sustained, if any, in addition to injunctive relief.A finding that the defendant is in violation of this section entitles the plaintiff to an award of reasonable attorney fees.Exemplary damages may be awarded when the violation is found to be malicious.
Renumbered and Amended by Chapter 173, 2025 General Session
76-12-306 - Voyeurism.
(1) As used in this section, “sex-designated privacy space” means the same as that term is defined in Section 76-12-309.Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section.
(2) An actor commits voyeurism if:the actor views, or attempts to view, an individual, with or without the use of an instrumentality:with the intent of viewing any portion of the individual’s body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;without the knowledge or consent of the individual; andunder circumstances in which the individual has a reasonable expectation of privacy; andthe actor’s conduct described in Subsection (2)(a) does not amount to a violation of Section 76-12-307, Recorded or photographed voyeurism.
(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.A violation of Subsection (2) is a class A misdemeanor if the violation is committed:against a child under 14 years old;in a sex-designated privacy space that is not designated for individuals of the actor’s sex; orwhile also committing the offense of:criminal trespass in a sex-designated changing room under Subsection 76-6-206(2)(d);lewdness under Section 76-5-419;lewdness involving a child under Section 76-5-420; orloitering in a privacy space under Section 76-12-309.
(4) For purposes of this section, an individual has a reasonable expectation of privacy within a public restroom.
Enacted by Chapter 173, 2025 General Session
76-12-307 - Recorded or photographed voyeurism.
(1) As used in this section, “sex-designated privacy space” means the same as that term is defined in Section 76-12-309.Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section.
(2) An actor commits recorded or photographed voyeurism if the actor intentionally uses any type of technology to secretly or surreptitiously record, by video, photograph, or other means, an individual:for the purpose of viewing any portion of the individual’s body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;without the knowledge or consent of the individual; andunder circumstances in which the individual has a reasonable expectation of privacy.
(3) Except as provided in Subsection(3)(b), a violation of Subsection (2) is a class A misdemeanor.A violation of Subsection (2) is a third degree felony if the violation is committed:against a child under 14 years old;in a sex-designated privacy space that is not designed for individuals of the actor’s sex; orwhile also committing the offense of:criminal trespass in a sex-designated changing room under Subsection 76-Ch76_6|76-6-206](d);lewdness under Section 76-5-419;lewdness involving a child under Section 76-5-420; orloitering in a privacy space under Section 76-12-309.
(4) For purposes of this section, an individual has a reasonable expectation of privacy within a public restroom.
Renumbered and Amended by Chapter 173, 2025 General Session
76-12-308 - Distribution of images obtained through voyeurism.
(1) As used in this section, “image” includes print, electronic, magnetic, or digital format.Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section.
(2) An actor commits distribution of images obtained through voyeurism if the actor distributes or sells an image obtained by conduct in violation of Section 76-12-307, Recorded or photographed voyeurism, by transmission, display, or dissemination.
(3) Except as provided in Subsection 76-Ch76_12|(3)], a violation of Subsection (2) is a third degree felony.A violation of Subsection (2) is a second degree felony if the image is of a child under 14 years old.
Enacted by Chapter 173, 2025 General Session
76-12-309 - Loitering in a privacy space.
(1) As used in this section:“Privacy space” means the following in which an individual has a reasonable expectation of privacy:a restroom or any other space that includes a toilet;a dressing room, fitting room, locker room, changing facility, or any other space designated for multiple individuals to dress or undress within the same space; orany room or space that includes a shower.”Sex-designated” means that a facility, program, or event is designated specifically for males or females and not the opposite sex.Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section.
(2) An actor commits the offense loitering in a privacy space if the actor intentionally or knowingly remains unlawfully in a privacy space.
(3) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.A violation of Subsection (2) is a class A misdemeanor if the actor commits the offense:while also committing the offense of:criminal trespass in a sex-designated changing room under Subsection 76-Ch76_6|76-6-206](d);lewdness under Section 76-5-419;lewdness involving a child under Section 76-5-420; orvoyeurism under Section 76-12-306;recorded or photographed voyeurism under Section 76-12-307; ordistribution of images obtained through voyeurism under Section 76-12-308; orin a sex-designated privacy space that is not designated for individuals of the actor’s sex.
Renumbered and Amended by Chapter 173, 2025 General Session
Offenses Involving Charitable Solicitations
76-12-401 - Definitions.
As used in this part:
(1) “Person” means an individual, organization, group, association, partnership, corporation, or any combination of an individual, organization, group, association, partnership, or corporation.
(2) “Professional fund raiser” means a person:who, for compensation or any other consideration, plans, conducts, or manages in this state, the solicitation of contributions for or on behalf of a charitable organization or any other person; orwho engages in the business of, or holds the person’s self out to persons in this state as, independently engaged in the business of soliciting contributions for such purpose.”Professional fund raiser” does not include a bona fide officer or employee of a charitable organization.
(3) “Professional solicitor” means a person who is employed or retained for compensation by a professional fund raiser to solicit contributions in this state for charitable purposes.
(4) “Charitable organization” means an organization that is benevolent, philanthropic, patriotic, or eleemosynary or one purporting to be benevolent, philanthropic, patriotic, or eleemosynary.
(5) “Contribution” means the promise or grant of money or property of any kind or value.
Renumbered and Amended by Chapter 173, 2025 General Session
76-12-402 - Unlawful use of a person’s name for soliciting contributions.
(1) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-401 apply to this section.
(2) An actor commits unlawful use of a person’s name for soliciting contributions if the actor:is a charitable organization, professional fund raiser, or professional solicitor, seeking to raise funds for a charitable purpose; anduses the name of any other person for the purpose of soliciting a charitable contribution in this state without the written consent of the person.
(3) A violation of Subsection (2) is an infraction.
(4) This section does not apply to:a religious corporation, organization, charity, or agency; oran organization operated, supervised, or controlled by or in connection with a religious corporation or organization.
Renumbered and Amended by Chapter 173, 2025 General Session
76-12-403 - Unlawful use of a person’s name as a solicitation endorsement.
(1) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-401 apply to this section.
(2) An actor commits unlawful use of a person’s name as a solicitation endorsement if, without written consent:the actor uses the name of a person on any stationery, advertisement, brochure, or correspondence of a charitable organization for the purpose of soliciting contributions; orthe actor lists or refers to the person’s name as a person who has contributed to, sponsored, or endorsed the charitable organization or the charitable organization’s activities.
(3) A violation of Subsection (2) is an infraction.
Renumbered and Amended by Chapter 173, 2025 General Session