§ 13-39-301. Criminal penalty.

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

(a) is guilty of a class B misdemeanor for a first offense with respect to a contact point registered with the division under Subsection 13-39-201(3)(a); and

(b) is guilty of a class A misdemeanor:

(i) for each subsequent violation with respect to a contact point registered with the division under Subsection 13-39-201(3)(a); or

(ii) for each violation with respect to a domain name registered with the division under Subsection 13-39-201(3)(b).

(2) A person commits a computer crime and is guilty of a second degree felony if the person:

(a) uses information obtained from the division under this chapter to violate Section 13-39-202;

(b) improperly:

(i) obtains contact points from the registry; or

(ii) attempts to obtain contact points from the registry; or

(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.

Enacted by Chapter 338, 2004 General Session