(1) (a) As used in this section, "personal identifying information" means the same as that term is defined in Section 76-6-1101 . (b) 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: (a) (i) 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; and (ii) undertakes the action described in Subsection (2)(a)(i) with the intent to abuse, threaten, or disrupt the other individual's electronic communication; or (b) sends a communication by electronic mail, instant message, or other similar means, if: (i) the communication references personal identifying information of another individual; (ii) the actor sends the communication: (A) without the individual's consent; and (B) with the intent to cause a recipient of the communication to reasonably believe that the individual authorized or sent the communication; and (iii) with the intent to: (A) cause an individual physical, emotional, or economic injury or damage; or (B) defraud an individual. (3) (a) Except as provided in Subsection (3)(b) , a violation of Subsection (2) is a class B misdemeanor. (b) A second or subsequent violation of Subsection (2) is a class A misdemeanor. (4) (a) 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. (b) This section does not create a civil cause of action based on an electronic communication made for a legitimate business purpose.
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