Effective 5/7/2025
76-12-304 Unlawful use of another’s personal identity in an advertisement.
(1)Terms defined in Sections 45-3-2, 76-1-101.5, 76-12-101, and 76-12-301 apply to this section.
(2)An actor commits unlawful use of another’s personal identity in an advertisement if the actor knowingly or intentionally causes the publication of an advertisement in which the personal identity of an individual is used in a manner that 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)A violation of Subsection (2) is a class B misdemeanor.
(4)It is an affirmative defense that the actor who caused the publication of the advertisement reasonably believed that the individual whose personal identity was to be used had consented to the use of the individual’s personal identity.
(5)
(a)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 actor convicted shall issue a public apology or retraction to whomever received the advertisement.
(b)The apology or retraction described in Subsection (5)(a) shall be of similar size and placement as the original advertisement.
(6)Nothing in this section prohibits a civil action under Title 45, Chapter 3, Abuse of Personal Identity Act.
(7)
(a)A person, or the heirs of a deceased person, who has been injured by a violation of this section may bring an action against the actor who committed the violation.
(b)If in the action described in Subsection (7)(a) the court finds the defendant is violating or has violated any of the provisions of this section, the court shall enjoin the defendant from a continued violation.
(c)It is not necessary that actual damages to the plaintiff be alleged or proved, but if damages are alleged and proved, the plaintiff in the action is entitled to recover from the defendant the actual damages sustained, if any, in addition to injunctive relief.
(d)A finding that the defendant is in violation of this section entitles the plaintiff to an award of reasonable attorney fees.
(e)Exemplary damages may be awarded when the violation is found to be malicious.

Renumbered and Amended by Chapter 173, 2025 General Session