Utah § 45-3-3 - Acts constituting abuse -- Permitting prosecution.

Full text of Utah Utah Code § 45-3-3 — Acts constituting abuse -- Permitting prosecution., with citation guidance and answers to common questions.

§ 45-3-3. Acts constituting abuse -- Permitting prosecution.

Effective 5/6/2026
45-3-3.  Acts constituting abuse -- Permitting prosecution.
(1)
(a)Subject to other provisions of this chapter, each individual has the exclusive right to consent to the use of the individual's personal identity.
(b)The right described in Subsection (1)(a):
(i)includes a replication right, in which only the individual or right holder may consent to the use of the individual's personal identity in a simulation, reproduction, or artificial recreation of the individual's personal identity;
(ii)is licensable but not assignable during the life of the individual;
(iii)does not expire until 70 years after the death of the individual;
(iv)upon the death of the individual:
(A)is descendible to the individual's executors, successors, heirs, assignees, licensees, or devisees; and
(B)is transferable to a right holder by any means of conveyance or operation of law for up to 70 years after the death of the individual; and
(v)in the case of an individual who died before May 6, 2026, applies retroactively for up to 70 years before May 6, 2026, and vests in the executors, successors, heirs, assignees, or devisees of the individual.
(2)Except for purposes of the criminal penalty in Section 76-12-304, the personal identity of an individual is abused if:
(a)
(i)content containing the personal identity of an individual is used for purposes of:
(A)advertising products, merchandise, goods, or services;
(B)fundraising;
(C)solicitation of donations; or
(D)purchases of products, merchandise, goods, or services;
(ii)consent has not been obtained from the individual;
(b)a person publishes, performs, distributes, transmits, or otherwise makes available to another person an individual's personal identity with actual knowledge that the use was not authorized:
(i)by the individual, if the individual is living;
(ii)by the individual's legal guardian, if the individual is a minor; or
(iii)by the individual's executors, successors, heirs, assignees, licensees, or devisees, if the individual has been deceased for up to 70 years; or
(c)the person knowingly distributes, sells, or licenses any technology, software, or tool whose intended primary purpose is the unauthorized creation or modification of content that includes an individual's personal identity.
(3)Nothing in this chapter prohibits prosecution of abuse of personal identity under Section 76-12-304.
(4)The personal identity of an individual is not abused if the individual's personal data or publicly available information:
(a)was lawfully obtained;
(b)is used to preview, advertise, or promote the sale of a product, service, or subscription, including the sale of a product, service, or subscription of which the individual's personal data or publicly available information is or may be a part; and
(c)is not used in a way that expresses or implies that the individual approves, endorses, has endorsed, or will endorse the product, service, or subscription being previewed, advertised, or promoted.
(5)The personal identity of an individual is not abused under Subsection (2)(b) if the publication, performance, distribution, transmission, or other disclosure of the personal identity is accompanied by a clear and conspicuous disclosure that the content is a simulation or artificial recreation of the individual.


Amended by Chapter 489, 2026 General Session

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Frequently Asked Questions About Utah § 45-3-3

What does Utah Code § 45-3-3 cover?

Section 45-3-3 ("Acts constituting abuse -- Permitting prosecution.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 45-3-3?

A common citation format is "Utah Code § 45-3-3" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 45-3-3 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.