Title 76 - Utah Criminal Code - Chapter 9 - Offenses Against Public Order and Decency - Part 4 - Offenses Against Privacy - Section 402 - Privacy violation.


Published: 2017-05-09

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Utah Code

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Effective 5/9/2017 76-9-402 Privacy violation. (1) A person is guilty of privacy violation if, except as authorized by law, the person:

(a) trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place;

(b) installs, or uses after unauthorized installation in a private place, without the consent of the person or persons 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

(c) installs or uses outside of a private place a 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 or persons entitled to privacy in the private place.

(2) A person is not guilty of a violation of this section if: (a) the device used is an unmanned aircraft; (b) 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

(c) any conduct described in Subsection (1) that occurs via the unmanned aircraft is solely incidental to the lawful commercial or educational use of the unmanned aircraft.

(3) Privacy violation is a class B misdemeanor.

Amended by Chapter 364, 2017 General Session