Selected Statutes: Utah

(1) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-201 apply to this section.

(2) Except to the extent an actor’s conduct constitutes an offense under Section 76-12-206, an actor commits electronic communication harassment if, with intent to intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of another, the actor:

(a)(i) makes repeated contact by means of electronic communications, regardless of whether a conversation ensues; or

(ii) after the recipient has requested or informed the actor not to contact the recipient, and the actor repeatedly or continuously:

(A) contacts the electronic communication device of the recipient; or

(B) causes an electronic communication device of the recipient to ring or to receive other notification of attempted contact by means of electronic communication;

(b) makes contact by means of electronic communication and insults, taunts, or challenges the recipient of the communication or any person at the receiving location in a manner likely to provoke a violent or disorderly response;

(c) makes contact by means of electronic communication and threatens to inflict injury, physical harm, or damage to any person or the property of any person; or

(d) causes disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device.

(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 electronic communications made for a legitimate business purpose.

(5) A violation of this section is subject to prosecution in the jurisdiction in which the electronic communication originated or was received.