Full text of Utah Utah Code § 76-12-206 — Unlawful online impersonation., with citation guidance and answers to common questions.
§ 76-12-206. Unlawful online impersonation.
Effective 5/7/2025
76-12-206.
Unlawful online impersonation.
| (1) |
| (a) | As used in this section:
| (i) | "Commercial social networking website" means a person who operates a website that allows a person to register as a user for the purpose of:
| (A) | establishing a personal relationship with one or more other users through direct or real time communication with the other user; or |
| (B) | the creation of a web page or a profile available to the public or to other users. |
|
| (ii) | "Commercial social networking website" does not include an electronic mail program or a message board program. |
|
|
| (2) | An actor commits unlawful online impersonation if the actor uses 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) | Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor. |
| (b) | A second or subsequent offense of Subsection (2) is a third degree felony. |
|
| (4) | It is a defense to prosecution under this section that the actor is one of the following entities or that the actor'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. |
|
Renumbered and Amended by Chapter
173, 2025 General Session
Frequently Asked Questions About Utah § 76-12-206
What does Utah Code § 76-12-206 cover?
Section 76-12-206 ("Unlawful online impersonation.") 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 § 76-12-206?
A common citation format is "Utah Code § 76-12-206" (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 § 76-12-206 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.
