Effective 5/7/2025
Chapter 23f
Access to Reverse-Location and Reverse-Keyword Information

77-23f-101 Definitions.
          As used in this chapter:
(1)”Anonymized” means that the identifying information connected to an electronic device has been rendered anonymous in a manner such that the subject, including an individual, household, device, or Internet protocol address, is not identifiable to a law enforcement agency.
(2)”Cell site” means transmission or reception equipment, including a base-station antenna, that connects an electronic device to a network.
(3)”Cell site record” means the cell site location information of an electronic device that corresponds to a specific cell site and time frame.
(4)”Electronic device” means the same as that term is defined in Section 77-23c-101.2.
(5)”Geofence” means a specified geographic area defined by a virtual perimeter or geographic coordinates.
(6)”Identifying information” means information tied to an electronic device that identifies the user’s or owner’s:
(a)name;
(b)address;
(c)phone number;
(d)email; or
(e)other identifying information that would identify the owner or user of the electronic device.
(7)”Law enforcement agency” means the same as that term is defined in Section 77-23c-101.2.
(8)”Location information” means the same as that term is defined in Section 77-23c-101.2.
(9)
(a)”Reverse-keyword information” means information that:
(i)identifies an unnamed individual, by name or other unique identifier, who:
(A)electronically searched for a particular word, phrase, character string, or website; or
(B)visited a particular website through a link generated by an electronic search for a particular word, phrase, character string, or website; and
(ii)is or is not limited to a specific geographic area or time frame.
(b)”Reverse-keyword information” does not include keyword information concerning a known individual or a specified electronic device that may be obtained pursuant to Chapter 23c, Electronic Information Privacy Act.
(10)”Reverse-location information” means historical location information for:
(a)a defined time period;
(b)a defined or undefined area; and
(c)a defined or undefined number of electronic devices, for which the identities of the owners or users of the electronic devices are unknown to law enforcement.

Amended by Chapter 235, 2025 General Session

77-23f-102 Obtaining reverse-location information within a geofence -- Warrant required for disclosure -- Procedure.
(1) Except as provided in Section 77-23f-106, for a criminal investigation or prosecution, a law enforcement agency may not obtain reverse-location information for electronic devices within a geofence unless:
(a) the law enforcement agency obtains a search warrant as provided under this section; and
(b)
(i) the investigation or prosecution involves:
(A) a felony;
(B) a class A misdemeanor that involves harm or a risk of harm to a person, a violation of Title 23A, Wildlife Resources Act, or is part of a pattern of criminal activity; or
(C) a class B misdemeanor that involves harm or a risk of harm to a person, the unlawful taking of protected wildlife, or is part of a pattern of criminal activity; or
(ii) the law enforcement agency can demonstrate an imminent, ongoing threat to public safety.
(2) To obtain reverse-location information inside of a geofence, a law enforcement agency shall:
(a) include with the sworn warrant application:
(i) a map or other visual depiction that represents the geofence for which the warrant is seeking information; and
(ii) the following language at the beginning of the application in a legible font no smaller than other text appearing in the application:
          “NOTICE: This warrant application seeks judicial authorization for the disclosure of reverse-location information of electronic devices near a crime at or near the time of the crime. If authorized, the warrant allows law enforcement to obtain historical location information of all devices within the area described in the warrant during the specified time from entities in possession of the relevant data. The electronic devices captured in the warrant may be owned or used by both alleged criminal perpetrators and individuals not involved in the commission of a crime. For this reason, any warrant issued must require the anonymization of all devices associated with the reverse-location information.”; and
(b) establish probable cause to believe that evidence of a crime will be found within the geofence and within a specified period of time.
(3) If a court grants a warrant under Subsection (2), the court shall require that all electronic device data provided pursuant to the warrant be anonymized before the reverse-location information is released to the law enforcement agency.

Enacted by Chapter 382, 2023 General Session

77-23f-102.2 Obtaining reverse-keyword information -- Warrant required for disclosure -- Procedure.
(1)Except as provided in Section 77-23f-106, for a criminal investigation or prosecution, a law enforcement agency may not obtain reverse-keyword information for electronic devices unless:
(a)the law enforcement agency obtains a search warrant as provided under this section; and
(b)
(i)the investigation or prosecution involves an offense listed in Subsection (4); or
(ii)the law enforcement agency can demonstrate an imminent, ongoing threat to public safety.
(2)To obtain reverse-keyword information, a law enforcement agency shall:
(a)include with the sworn warrant application the following language at the beginning of the application in a legible font no smaller than other text appearing in the application:  “NOTICE: This warrant application seeks judicial authorization for the disclosure of reverse-keyword information of electronic devices. If authorized, the warrant allows law enforcement to obtain historical information of all devices that searched for specific terms or visited a particular website through a link generated by an electronic search during the specified time described in the warrant from entities in possession of the relevant data. The electronic devices captured in the warrant may be owned or used by both alleged criminal perpetrators and individuals not involved in the commission of a crime. For this reason, any warrant issued must require the anonymization of all devices associated with the reverse-keyword information.”; and
(b)establish probable cause to believe that evidence of a crime will be found based on the reverse-keyword information sought to be searched and within the specified period of time.
(3)If a court grants a warrant under Subsection (2), the court shall require that all electronic device data provided pursuant to the warrant be anonymized before the reverse-keyword information or reverse-location information is released to the law enforcement agency.
(4)The offenses referred to in Subsection (1)(b)(i) are:
(a)a felony offense under Title 76, Chapter 5, Offenses Against the Individual;
(b)a first or second degree felony offense under Title 76, Chapter 6, Part 1, Property Destruction;
(c)a first or second degree felony offense under Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
(d)a first or second degree felony offense under Title 76, Chapter 6, Part 3, Robbery;
(e)a first or second degree felony offense under Title 76, Chapter 8, Part 3, Obstructing Governmental Operations;
(f)a first or second degree felony offense under Title 76, Chapter 10, Part 3, Explosives;
(g)a first or second degree felony offense under Title 76, Chapter 10, Part 4, Weapons of Mass Destruction;
(h)a first or second degree felony offense under Title 76, Chapter 10, Part 13, Prostitution; and
(i)a first or second degree felony offense under Title 76, Chapter 10, Part 15, Bus Passenger Safety Act.

Enacted by Chapter 235, 2025 General Session

77-23f-103 Obtaining reverse-location information based on cell site records -- Warrant required for disclosure -- Procedure.
(1) Except as provided in Section 77-23f-106, for a criminal investigation or prosecution, a law enforcement agency may not obtain reverse-location information based on cell site records unless:
(a) the law enforcement agency obtains a search warrant as provided under this section; and
(b)
(i) the investigation or prosecution involves:
(A) a felony;
(B) a class A misdemeanor that involves harm or risk of harm to a person, a violation of Title 23A, Wildlife Resources Act, or is part of a pattern of criminal activity; or
(C) a class B misdemeanor that involves harm or risk of harm to a person, the unlawful taking of protected wildlife, or is part of a pattern of criminal activity; or
(ii) the law enforcement agency can demonstrate an imminent, ongoing threat to public safety.
(2) To obtain cell-site based reverse-location information, a law enforcement agency shall:
(a) include with the sworn warrant application:
(i) a visual depiction or written description that identifies:
(A) the crime scene location and any other areas of interest related to the crime;
(B) the location of cell sites from which the reverse-location information is sought; and
(C) the distance between the locations described in Subsections (2)(a)(i)(A) and (B); and
(ii) the following language at the beginning of the application in a legible font no smaller than other text appearing in the application:
          “NOTICE: This warrant application seeks judicial authorization for the disclosure of reverse-location information of electronic devices near a crime at or near the time of the crime. If authorized, the warrant allows law enforcement to obtain historical location information of all devices within the area described in the warrant during the specified time from entities in possession of the relevant data. The electronic devices captured in the warrant may be owned or used by both alleged criminal perpetrators and individuals not involved in the commission of a crime. For this reason, any warrant issued must require the anonymization of all devices associated with the reverse-location information.”; and
(b) establish probable cause to believe that evidence of a crime will be found within the cell site records described in Subsection (2)(a)(i) and within a specified period of time.
(3) If a court grants a warrant under Subsection (2), the court shall require that all electronic device data provided pursuant to the warrant be anonymized before the reverse-location information is released to the law enforcement agency.

Enacted by Chapter 382, 2023 General Session

77-23f-104 Obtaining additional reverse-location or reverse-keyword information -- Warrant required for disclosure -- Procedure.
(1)If, after executing a warrant described in Section 77-23f-102, 77-23f-102.2, or 77-23f-103, a law enforcement agency seeks to obtain reverse-keyword information or reverse-location information beyond the parameters of the warrant obtained under Section 77-23f-102, 77-23f-102.2, or 77-23f-103, the law enforcement agency shall:
(a)include in the sworn warrant application the specific electronic devices identified in the anonymized data for which the law enforcement agency seeks additional reverse-location information or reverse-keyword information;
(b)establish probable cause to believe that evidence of a crime will be found within a specified period of time; and
(c)affirm that the crime described in Subsection (1)(b) is:
(i)the same crime or directly related to the crime that was the subject of the warrant obtained under Section 77-23f-102, 77-23f-102.2, or 77-23f-103; or
(ii)a crime subject to the judicially recognized plain view exception to the warrant requirement.
(2)If a court grants a warrant under Subsection (1), the court shall require that all electronic device data provided pursuant to the warrant be anonymized before the reverse-location information or reverse-keyword information is released to the law enforcement agency.

Amended by Chapter 235, 2025 General Session

77-23f-105 Obtaining identifying information connected to reverse-location information or reverse-keyword information -- Warrant required for disclosure -- Procedure.
          To obtain identifying information for an electronic device identified pursuant to a warrant concerning reverse-location information or reverse-keyword information obtained under Section 77-23f-102, 77-23f-102.2, 77-23f-103, or 77-23f-104, a law enforcement agency shall establish in the sworn warrant application probable cause to believe that the electronic device was used or otherwise implicated in a crime.

Amended by Chapter 235, 2025 General Session

77-23f-106 Exceptions to reverse-location and reverse-keyword warrant requirements.
(1)Notwithstanding any other provision in this chapter, a law enforcement agency may obtain reverse-location information or reverse-keyword information without a warrant:
(a)in accordance with Section 53-10-104.5; or
(b)in accordance with a judicially recognized exception to warrant requirements.
(2)Nothing in this chapter:
(a)limits or affects the disclosure of public records under Title 63G, Chapter 2, Government Records Access and Management Act;
(b)affects the rights of an employer under Subsection 34-48-202(1)(e) or an administrative rule adopted under Section 63A-16-205; or
(c)limits the ability of a law enforcement agency to receive or use information, without a warrant or subpoena, from the National Center for Missing and Exploited Children under 18 U.S.C. Sec. 2258A.

Amended by Chapter 235, 2025 General Session

77-23f-107 Use, disclosure, and destruction of reverse-location information or reverse-keyword information -- Anonymization.
(1)
(a)A law enforcement agency may not use, copy, or disclose, for any purpose, reverse-location information or reverse-keyword information obtained under a warrant under Section 77-23f-102, 77-23f-102.2, 77-23f-103, or 77-23f-104 that:
(i)is not related to the crime that is the subject of the warrant; and
(ii)is collected as part of an effort to obtain the reverse-location information or reverse-keyword information of an electronic device that is related to the crime that is the subject of the warrant obtained under Section 77-23f-102, 77-23f-102.2, 77-23f-103, or 77-23f-104.
(b)The law enforcement agency shall destroy in an unrecoverable manner the reverse-location information or reverse-keyword information described in Subsection (1)(a) as soon as reasonably possible after the criminal case is declined for prosecution or, if criminal charges are filed, the final disposition of the criminal case.
(2)
(a)Reverse-location information obtained under Section 77-23f-102, 77-23f-103, or 77-23f-104 may not be:
(i)compared with, merged with, linked to, or in any way electronically or otherwise connected to a source of electronic data, including a database or file, containing one or more points of data that includes the location information provided by an electronic device; or
(ii)used in any other criminal investigation or prosecution.
(b)Subsection (2)(a)(i) does not apply if all the electronic data, including the reverse-location information, is obtained for the purpose of investigating the same criminal incident.
(3)A person or entity that provides reverse-location information or reverse-keyword information under this chapter shall ensure that the reverse-location information or reverse-keyword information is anonymized before the reverse-location information or reverse-keyword information is provided to a law enforcement agency.

Amended by Chapter 235, 2025 General Session

77-23f-108 Notifications required -- Exceptions --Delayed notification.
(1)
(a) Except as provided in Subsection (1)(b) or (2), a law enforcement agency that executes a warrant under Section 77-23f-105 shall serve a notice described in Subsection (3) on the owner of the electronic device for which identifying information was obtained:
(i) within 90 days after the day on which the identifying information is obtained by the law enforcement agency, but in no case more than three days after the day on which the investigation is concluded; or
(ii) if the owner of the electronic device for which the identifying information specified in the warrant is unknown to the law enforcement agency, within 90 days after the day on which the law enforcement agency identifies, or reasonably could identify, the owner.
(b) A law enforcement agency is not required to serve a notice described in Subsection (1)(a) to the owner of the electronic device for which identifying information was obtained if the owner is located outside of the United States.
(2)
(a)
(i) A law enforcement agency seeking a warrant in accordance with Section 77-23f-105 may submit a request, and the court may grant permission, to delay service of the notice required under Subsection (1) for a period not to exceed 30 days, if the court determines that there is reasonable cause to believe that the notification may:
(A) endanger the life or physical safety of an individual;
(B) cause a person to flee from prosecution;
(C) lead to the destruction of or tampering with evidence;
(D) intimidate a potential witness; or
(E) otherwise seriously jeopardize an investigation or unduly delay a trial.
(ii) When a delay of notification is granted under Subsection (2)(a)(i) and upon application by the law enforcement agency, the court may grant additional extensions of up to 30 days each.
(b)
(i) A law enforcement agency that seeks a warrant in accordance with Section 77-23f-105 may submit a request to the court, and the court may grant permission, to delay service of the notice required under Subsection (1), if the purpose of delaying the notification is to apprehend an individual:
(A) who is a fugitive from justice under Section 77-30-13; and
(B) for whom an arrest warrant has been issued for a violent felony offense as defined in Section 76-3-203.5.
(ii)
(A) The court may grant the request under Subsection (2)(b)(i) to delay notification until the individual who is a fugitive from justice under Section 77-30-13 is apprehended by the law enforcement agency.
(B) A law enforcement agency shall serve the notice required under Subsection (1) to the owner of the electronic device within 14 days after the day on which the law enforcement agency apprehends the individual described in Subsection (2)(b)(i).
(3) A notice required under Subsection (1) shall include:
(a) a copy of the warrant; and
(b) a written statement identifying:
(i) the offense specified in the warrant application;
(ii) the identity of the law enforcement agency that filed the application;
(iii) the date on which the location information or identifying information was obtained; and
(iv) the number and length of any authorized delays in serving the notice required under Subsection (1), including, if applicable, the name of the court that authorized the delay and a reference to the provision of this chapter that permitted the delay.
(4) A law enforcement agency shall serve the notice required under Subsection (1) to the owner of the electronic device by:
(a) personal service on the owner;
(b) first-class mail to the owner’s last-known address; or
(c) other reasonable means if the owner’s last-known address is unknown.

Enacted by Chapter 382, 2023 General Session

77-23f-109 Exclusion of records.
          Reverse-location information, reverse-keyword information, or identifying information obtained in violation of the provisions of this chapter shall be subject to the rules governing exclusion as if the information was obtained in violation of the Fourth Amendment to the United States Constitution or Utah Constitution, Article I, Section 14.

Amended by Chapter 235, 2025 General Session