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(1) As used in this section:
(a) "Commercial social networking website" means a person who operates a website that allows a person to register as a user for the purpose of:
(i) establishing a personal relationship with one or more other users through direct or real time communication with the other user; or
(ii) the creation of web pages or profiles available to the public or to other users.
(b) "Commercial social networking website" does not include an electronic mail program or a message board program.
(2) It is a criminal offense for a person to use the name or persona of an individual:
(a) without the individual's consent;
(b)
(i) to create a web page on a commercial social networking website or other website; or
(ii) to post or send a message on or through a commercial social networking website or other website, other than on or through an electronic mail program or message board program;
(c) with the intent to cause an individual to reasonably believe that the individual whose name or persona is used authorized or performed the applicable action described in Subsection (2)(b); and
(d) with the intent to harm, defraud, intimidate, or threaten any individual.
(3)
(a) An offense under this section is a class A misdemeanor.
(b) A second or subsequent offense under this section is a third degree felony.
(4) It is a defense to prosecution under this section that the person is one of the following entities or that the person's conduct consisted solely of action taken as an employee of one of the following entities:
(a) a commercial social networking website;
(b) an Internet service provider;
(c) an interactive computer service, as defined in 47 U.S.C. Sec. 230;
(d) a telecommunications provider, as defined in Section 10-1-402;
(e) a cable television service;
(f) an entity that provides cable television service, as defined in Section 10-18-102; or
(g) a law enforcement agency engaged in lawful practices.