vehicle -- Exceptions -- Penalties. (1) As used in this section: (a) "Wireless communication device" means: (i) a cellular phone; (ii) a portable telephone; (iii) a text messaging device; (iv) a personal digital assistant; (v) a stand-alone computer, including a tablet, laptop, or notebook computer; (vi) a global positioning receiver; (vii) a device used to display a video, movie, broadcast television image, or visual image; or (viii) a substantially similar communication device used to initiate or receive communication, information, or data. (b) "Wireless communication device" does not include a two-way radio device described in 47 C.F.R. Part 90, 95, or 97, or a functional equivalent. (2) Except as provided in Subsection (3), an individual may not use a wireless communication device while operating a moving motor vehicle on a highway in this state to manually: (a) (i) write or send a written communication, including: (A) a text message; (B) an instant message; or (C) electronic mail; (ii) dial a phone number; (iii) access the internet; (iv) record video; (v) take a photograph; or (vi) enter data into a wireless communication device; (b) read a written communication, including: (i) a text message; (ii) an instant message; or (iii) electronic mail; or (c) view a video or photograph. (3) Subsection (2) does not prohibit an individual from using a wireless communication device while operating a moving motor vehicle: (a) when using a wireless communication device for voice communication; (b) to view a global positioning or navigation device or a global positioning or navigation application; (c) during a medical emergency; (d) when reporting a safety hazard or requesting assistance relating to a safety hazard; (e) when reporting criminal activity or requesting assistance relating to a criminal activity; (f) when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment; or (g) to operate: (i) hands-free or voice operated technology; or (ii) a system that is physically or electronically integrated into the motor vehicle. (4) An individual convicted of a violation of this section is guilty of a: (a) class C misdemeanor with a maximum fine of $100; or (b) class B misdemeanor if the individual: (i) has also inflicted serious bodily injury upon another as a proximate result of using a wireless communication device in violation of this section while operating a moving motor vehicle on a highway in this state; or (ii) has a prior conviction under this section, that is within three years of: (A) the current conviction under this section; or (B) the commission of the offense upon which the current conviction is based.
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