76-12-207. Misrepresentation of a call or text communication identification.
(1) As used in this section: "Caller or text message identification information" means information provided by a caller identification service or text message service regarding the telephone number or other information regarding the origination of a call or text message made using a telecommunications service or VoIP voice service. "Caller or text message identification service" means a service or device designed to provide the user of the service or device with the telephone number of, or other information regarding, the origination of a call or text message made using a telecommunications service or VoIP voice service, including automatic number identification services. "Text message": means a real-time or near real-time message consisting of text, images, sounds, or other information transmitted from or received by a device identified by a telephone number; and does not include a real-time, two-way voice or video communication. "VoIP" means a technology that allows telephone calls to be made over computer networks, including the Internet. Terms defined in Sections,, andapply to this section. 76-1-101.5 76-12-101 76-12-201
(2) An actor commits misrepresentation of a call or text communication identification if the actor, in connection with a telecommunications service or VoIP voice service, knowingly causes a caller identification service or text message service to transmit false, misleading, or inaccurate caller or text message identification information: with the intent to harm the recipient of the call or text message; or to a public safety answering point when reporting an emergency.
(3) Except as provided in Subsection, a violation of Subsectionis a class C misdemeanor. (3)(b) (2) A violation of Subsectionis a class B misdemeanor on a second or subsequent violation. (2) Each separate call or text message is a violation of this section.
(4) This section does not prevent or restrict a person from blocking the capability of a caller or text message identification service to transmit caller or text message identification information.
(5) The following are exempt from this section: the lawful investigative, protective, or intelligence activity of a law enforcement agency; and a court order that specifically authorizes the use of caller or text message identification manipulation.
(6) A violation of this section may be enforced in a civil action initiated by the recipient of a call, message, or text message made in violation of this section, a criminal action initiated by a prosecuting attorney, or both.
(7) This section does not apply to an Internet service provider or hosting company, a provider of public telecommunications services, or a text message service by reason of the fact that the Internet service provider, hosting company, text message service, or provider of public telecommunications services: transmits, routes, or provides connections for material without selecting the material; stores or delivers the material at the direction of a user; or provides a caller or text message identification service.