S.B. 60 Enrolled

ABUSE OF PERSONAL IDENTITY AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Terry R. Spencer
AN ACT RELATING TO ABUSE OF PERSONAL IDENTITY; PROVIDING DEFINITIONS;
CREATING THE CRIME OF ABUSE OF PERSONAL IDENTITY; CLARIFYING
CIRCUMSTANCES UNDER WHICH A PERSON'S CONSENT MAY NOT BE INFERRED;
MAKING CONFORMING AMENDMENTS; AND PROVIDING FOR PUBLIC APOLOGY OR
RETRACTION.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
45-3-2, as enacted by Chapter 95, Laws of Utah 1981
45-3-3, as enacted by Chapter 95, Laws of Utah 1981
ENACTS:
76-9-407, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 45-3-2 is amended to read:
45-3-2. Definitions.
As used in this act:
(1) "Advertisement" means a notice designed to attract public attention or patronage and
includes a list of supporters for a particular cause.
[(4)] (2) "Cause the publication" means that a person prepares or requests another to
prepare an advertisement of the type described in Subsection 45-3-3 (1), and that person submits
or requests another to submit the advertisement to a publisher, and the advertisement has been
published.
(3) (a) "Consent" means a person's voluntary agreement to the use of that person's name,
title, picture, or portrait.
(b) "Consent" may not be inferred by the failure of the person to request that the person's
name, title, picture, or portrait not be used or that the person's name be removed from a mailing

or supporter list.
[(2)] (4) "Individual" means a natural person.
[(1)] (5) "Person" means any natural person, firm, partnership, association, corporation, joint
venture, or any other form of business organization or arrangement, and the agents or representatives
of such persons.
[(5)] (6) "Personal identity" means an individual's name, title, picture, or portrait.
[(3)] (7) "Publish" means that a person provides the instrumentality through which an
advertisement is communicated to the public at large or to a significant portion thereof.
Section 2. Section 45-3-3 is amended to read:
45-3-3. Acts constituting abuse -- Permitting prosecution.
[The] (1) Except for purposes of the criminal penalty in Section 45-3-3.5 [sic] (Section
76-9-407) , the personal identity of an individual is abused if:
[(1)] (a) an advertisement is published in which the personal identity of that 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; and
[(2)] (b) consent has not been obtained for such use from the individual, or if the individual
is a minor, then consent of one of the minor's parents or consent of the minor's legally appointed
guardian.
(2) Nothing in this part prohibits prosecution of abuse of personal identity under Section
76-9-407 .
Section 3. Section 76-9-407 is enacted to read:
76-9-407. Crime of abuse of personal identity -- Penalty -- Defense -- Permitting civil
action.
(1) The definitions in Section 45-3-2 apply to this section.
(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

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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.

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