Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 214 (2015GS)

Sponsor

Rep. Lifferth, D.

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• prohibits making telephone calls or text messages that provide false or inaccurate caller or text message identification information with the intent to harm;
• prohibits making telephone calls or text messages that provide false or inaccurate caller or text message identification information to a public safety answering point when reporting an emergency;
• provides that a first violation is a class C misdemeanor and that any subsequent violation is a class B misdemeanor;
• provides that the recipient of the call or text may bring a civil action for damages; and
• provides that an Internet service provider or hosting company, a provider of public telecommunications services, or a text message service that transmits, routes, or otherwise manages data without selecting the content is not subject to these prohibitions.

Every vote on this bill

Bill text

MISREPRESENTATION OF TELEPHONE AND TEXT
IDENTIFICATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David E. Lifferth
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill modifies the Utah Criminal Code regarding telephone and VoIP
communications.
Highlighted Provisions:
This bill:
▸ prohibits making telephone calls or text messages that provide false or inaccurate
caller or text message identification information with the intent to harm;
▸ prohibits making telephone calls or text messages that provide false or inaccurate
caller or text message identification information to a public safety answering point
when reporting an emergency;
▸ provides that a first violation is a class C misdemeanor and that any subsequent
violation is a class B misdemeanor;
▸ provides that the recipient of the call or text may bring a civil action for damages;
and
▸ provides that an Internet service provider or hosting company, a provider of public
telecommunications services, or a text message service that transmits, routes, or
otherwise manages data without selecting the content is not subject to these
prohibitions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-10-1802
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-1802
 is enacted to read:
Part 18. Communications Fraud and Misrepresentation
 76-10-1802.
Misrepresentation of call or text communication identification.
(1) As used in this section:
(a) "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.
(b) "Caller or text message identification service" means any 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.
(c) "Text message":
(i) 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
(ii) does not include a real-time, two-way voice or video communication.
(d) "VoIP" means a technology that allows telephone calls to be made over computer
networks, including the Internet.
(2) It is unlawful for any person or individual, in connection with any
telecommunications service or VoIP voice service, to knowingly cause any caller identification
service or text message service to transmit false, misleading, or inaccurate caller or text
message identification information:
(a) with the intent to harm the recipient of the call or text message; or
(b) to a public safety answering point when reporting an emergency.
(3) This section does not prevent or restrict any person or individual from blocking the
capability of any caller or text message identification service to transmit caller or text message
identification information.
(4) The following are exempt from this section:
(a) the lawful investigative, protective, or intelligence activity of a law enforcement
agency; and
(b) a court order that specifically authorizes the use of caller or text message
identification manipulation.
(5) Each separate call or text message transmitted in violation of this section is:
(a) for a first violation, a class C misdemeanor; and
(b) for a second or subsequent violation, a class B misdemeanor.
(6) Violations 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:
(i) transmits, routes, or provides connections for material without selecting the
material;
(ii) stores or delivers the material at the direction of a user; or
(iii) provides a caller or text message identification service.