(1) (a) As used in this section: (i) "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. (ii) "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. (iii) "Text message": (A) 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; and (B) does not include a real-time, two-way voice or video communication. (iv) "VoIP" means a technology that allows telephone calls to be made over computer networks, including the Internet. (b) 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: (a) with the intent to harm the recipient of the call or text message; or (b) to a public safety answering point when reporting an emergency. (3) (a) Except as provided in Subsection (3)(b) , a violation of Subsection (2) is a class C misdemeanor. (b) A violation of Subsection (2) is a class B misdemeanor on a second or subsequent violation. (c) 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: (a) the lawful investigative, protective, or intelligence activity of a law enforcement agency; and (b) a 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: (a) transmits, routes, or provides connections for material without selecting the material; (b) stores or delivers the material at the direction of a user; or (c) provides a caller or text message identification service. Renumbered and
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