Utah Code 76-9-407. Crime of abuse of personal identity — Penalty — Defense — Permitting civil action
Current as of: 2024 | Check for updates
|
Other versions
(1) The definitions in Section 45-3-2 apply to this section.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-9-407
- Conviction: A judgement of guilt against a criminal defendant.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
(2) Any person is guilty of a class B misdemeanor who knowingly or intentionally causes the publication of an advertisement in which the personal identity of an individual is used in a manner which expresses or implies that the individual approves, endorses, has endorsed, or will endorse the specific subject matter of the advertisement without the consent for such use by the individual.
(3) It is an affirmative defense that the person causing the publication of the advertisement reasonably believed that the person whose personal identity was to be used had consented to its use.
(4) Upon conviction of an offense under this section, unless waived by the victim, the court shall order that, within 30 days of the conviction, the person convicted shall issue a public apology or retraction to whomever received the advertisement. The apology or retraction shall be of similar size and placement as the original advertisement.
(5) Nothing in this section prohibits a civil action under Title 45, Chapter 3, Abuse of Personal Identity Act .