1. (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

   2. (b) class A misdemeanor:

      1. (i) for each subsequent violation with respect to a contact point registered with the unit under Subsection 13-39-201(2)(a); or
      2. (ii) for each violation with respect to a domain name registered with the unit under Subsection 13-39-201(2)(b).

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

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

   2. (b) improperly:

      1. (i) obtains contact points from the registry; or
      2. (ii) attempts to obtain contact points from the registry; or
   3. (c) uses, or transfers to a third party to use, information from the registry to send a solicitation.
3. (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. (4) Each communication sent in violation of Section 13-39-202 is a separate offense under this section.

Amended by Chapter 356, 2019 General Session