S.B. 60

1

ABUSE OF PERSONAL IDENTITY
2 AMENDMENTS
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Terry R. Spencer
6 AN ACT RELATING TO ABUSE OF PERSONAL IDENTITY; PROVIDING DEFINITIONS;
7 CREATING THE CRIME OF ABUSE OF PERSONAL IDENTITY; CLARIFYING
8 CIRCUMSTANCES UNDER WHICH A PERSON'S CONSENT MAY NOT BE INFERRED;
9 MAKING CONFORMING AMENDMENTS; AND PROVIDING FOR PUBLIC APOLOGY OR
10 RETRACTION.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 45-3-2, as enacted by Chapter 95, Laws of Utah 1981
14 45-3-3, as enacted by Chapter 95, Laws of Utah 1981
15 ENACTS:
16 76-9-407, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 45-3-2 is amended to read:
19 45-3-2. Definitions.
20 As used in this act:
21 (1) "Advertisement" means a notice designed to attract public attention or patronage and
22 includes a list of supporters for a particular cause.
23 [(4)] (2) "Cause the publication" means that a person prepares or requests another to
24 prepare an advertisement of the type described in Subsection 45-3-3 (1), and that person submits
25 or requests another to submit the advertisement to a publisher, and the advertisement has been
26 published.
27 (3) (a) "Consent" means a person's voluntary agreement to the use of that person's name,

28 title, picture, or portrait.
29 (b) "Consent" may not be inferred by the failure of the person to request that the person's
30 name, title, picture, or portrait not be used or that the person's name be removed from a mailing
31 or supporter list.
32 [(2)] (4) "Individual" means a natural person.
33 [(1)] (5) "Person" means any natural person, firm, partnership, association, corporation,
34 joint venture, or any other form of business organization or arrangement, and the agents or
35 representatives of such persons.
36 [(5)] (6) "Personal identity" means an individual's name, title, picture, or portrait.
37 [(3)] (7) "Publish" means that a person provides the instrumentality through which an
38 advertisement is communicated to the public at large or to a significant portion thereof.
39 Section 2. Section 45-3-3 is amended to read:
40 45-3-3. Acts constituting abuse -- Permitting prosecution.
41 [The] (1) Except for purposes of the criminal penalty in Section 45-3-3.5 , the personal
42 identity of an individual is abused if:
43 [(1)] (a) an advertisement is published in which the personal identity of that individual is
44 used in a manner which expresses or implies that the individual approves, endorses, has endorsed,
45 or will endorse the specific subject matter of the advertisement; and
46 [(2)] (b) consent has not been obtained for such use from the individual, or if the
47 individual is a minor, then consent of one of the minor's parents or consent of the minor's legally
48 appointed guardian.
49 (2) Nothing in this part prohibits prosecution of abuse of personal identity under Section
50 76-9-407 .
51 Section 3. Section 76-9-407 is enacted to read:
52 76-9-407. Crime of abuse of personal identity -- Penalty -- Defense -- Permitting civil
53 action.
54 (1) The definitions in Section 45-3-2 apply to this section.
55 (2) Any person is guilty of a class B misdemeanor who knowingly or intentionally causes
56 to be published an advertisement in which the personal identity of an individual is used in a
57 manner which expresses or implies that the individual approves, endorses, has endorsed, or will
58 endorse the specific subject matter of the advertisement without the consent for such use by the

59 individual.
60 (3) It is an affirmative defense that the person causing to be published the advertisement
61 reasonably believed that the person whose personal identity was to be used had consented to its
62 use.
63 (4) Upon conviction of an offense under this section, unless waived by the victim, the
64 court shall order that, within 30 days of the conviction, the person convicted shall issue a public
65 apology or retraction to whomever received the advertisement. The apology or retraction shall be
66 of similar size and placement as the original advertisement.
67 (5) Nothing in this section prohibits a civil action under Title 45, Chapter 3, Abuse of
68 Personal Identity.




Legislative Review Note
as of 2-5-99 10:52 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel