ARTICLE XXIV. - OFFENSES AGAINST PRIVACY
Part of the Code of Ordinances of Minersville, UT.
The text
Footnotes:
--- (12) --- State Law reference— Offenses against privacy, U.C.A. 1953, § 76-9-401 et seq.
Sec. 14-754. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Eavesdrop means to overhear, record, amplify, or transmit any part of a wire or oral communication of others without the consent of at least one party thereto by means of any electronic, mechanical or other device.
Private place means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance.
Public includes any professional or social group of which the victim of a defamation is a member.
(Code 1981, § 13-941)
State Law reference— Similar provisions, U.C.A. 1953, § 7-9-401.
Sec. 14-755. - Privacy violation.#
(a)
A person is guilty of privacy violation if, except as authorized by law, the person:
(1)
Trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place;
(2)
Installs or uses after unauthorized installation in a private place, without the consent of the person entitled to privacy in the private place, any device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events in the private place; or
(3)
Installs or uses outside of a private place any device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or events originating in the private place which would not ordinarily be audible, visible or comprehensible outside the private place, without the consent of the person entitled to privacy in the private place.
(b)
A person is not guilty of a violation of this section if:
(1)
The device used is an unmanned aircraft;
(2)
The person is operating the unmanned aircraft for legitimate commercial or educational purposes in a manner consistent with applicable Federal Aviation Administration rules, exemptions, or other authorizations; and
(3)
Any conduct described in subsection (a) of this section that occurs via the unmanned aircraft is solely incidental to the lawful commercial or educational use of the unmanned aircraft.
(c)
Privacy violation is a Class B misdemeanor.
(Code 1981, § 13-942)
State Law reference— Similar provisions, U.C.A. 1953, § 76-9-402.
Sec. 14-756. - Communication abuse.#
(a)
A person commits communication abuse if, except as authorized by law, he:
(1)
Intercepts, without the consent of the sender or receiver, a message by telephone, telegraph, letter, or other means of communicating privately. This subsection does not extend to:
a.
The overhearing of messages through a regularly installed instrument on a telephone party line or on an extension; or
b.
The interception by the telephone company or subscriber incident to enforcement of regulations limiting use of the facilities or to other normal operation and use.
(2)
Divulges without consent of the sender or receiver the existence or contents of any such message if the actor knows that the message was illegally intercepted or if he learned of the message in the course of employment with an agency engaged in transmitting it.
(b)
Communication abuse is a Class B misdemeanor.
(Code 1981, § 13-943)
State Law reference— Similar provisions, U.C.A. 1953, § 76-9-403.
Sec. 14-757. - Criminal defamation.#
(a)
A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule.
(b)
Criminal defamation is a Class B misdemeanor.
(Code 1981, § 13-944)
State Law reference— Similar provisions, U.C.A. 1953, § 76-9-404.
Sec. 14-758. - Abuse of personal identity.#
The definitions in U.C.A. 1953, § 45-3-2 apply to this section. (1)
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 individual.
(2)
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.
(3)
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.
(4)
Nothing in this section prohibits a civil action under U.C.A. 1953, tit. 45, ch. 3, Abuse of Personal Identity Act.
(Code 1981, § 13-945)
State Law reference— Similar provisions, U.C.A. 1953, § 78-9-07.