Criminal penalty.

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  • (1) A person who violates Section 13-39-202 commits a computer crime and is guilty of a:
    • (a) class B misdemeanor for a first offense with respect to a contact point registered with the unit under Subsection 13-39-201(2)(a); and
    • (b) class A misdemeanor:
      • (i) for each subsequent violation with respect to a contact point registered with the unit under Subsection 13-39-201(2)(a); or
      • (ii) for each violation with respect to a domain name registered with the unit under Subsection 13-39-201(2)(b).
  • (2) A person commits a computer crime and is guilty of a second degree felony if the person:
    • (a) uses information obtained from the unit under this chapter to violate Section 13-39-202;
    • (b) improperly:
      • (i) obtains contact points from the registry; or
      • (ii) attempts to obtain contact points from the registry; or
    • (c) uses, or transfers to a third party to use, information from the registry to send a solicitation.
  • (3) A criminal conviction or penalty under this section does not relieve a person from civil liability in an action under Section 13-39-302.
  • (4) Each communication sent in violation of Section 13-39-202 is a separate offense under this section.




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