reglab/statecodes huggingface dataset:
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23a - Interception of Communications Act › Section 5 - Traffic in intercepting devices -- Offenses -- Lawful activities.

77-23a-5.
Traffic in intercepting devices -- Offenses -- Lawful activities.
(1) Except as otherwise specifically provided in this chapter, any person is guilty of a third degree felony who intentionally:
(a) sends through the mail, or sends or carries in intrastate, interstate, or foreign commerce any electronic, mechanical, or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic, or oral communications;
(b) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic, or oral communications; or
(c) places in any newspaper, magazine, handbill, or other publication any advertisement of:
(i) any electronic, mechanical, or other device knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic, or oral communications; or
(ii) any other electronic, mechanical, or other device, where the advertisement promotes the use of the device for the purpose of the surreptitious interception of wire, electronic, or oral communications.
(2) The following persons may send through the mail, send or carry in intrastate, interstate, or foreign commerce, or manufacture, assemble, possess, or sell any electronic, mechanical, or other device knowing or having reason to know that the design of the device renders it primarily useful for the purpose of surreptitious interception of wire, electronic, or oral communication:
(a) a provider in the normal course of the business of providing that wire or electronic communications service; or
(b) an officer, agent, or employee of, or a person under contract with, the United States, a state, or a political subdivision, in the normal course of the activities of the United States, a state, or a political subdivision.
Amended by Chapter 122, 1989 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23a - Interception of Communications Act › Section 6 - Seizure and forfeiture of intercepting devices.

77-23a-6.
Seizure and forfeiture of intercepting devices.
Any electronic, mechanical or other device used, sent, carried, manufactured, assembled, possessed, sold, or advertised in violation of Sections 77-23a-4 and 77-23a-5, may be seized and forfeited to the State of Utah.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23a - Interception of Communications Act › Section 7 - Evidence -- Exclusionary rule.

77-23a-7.
Evidence -- Exclusionary rule.
When any wire, electronic, or oral communication has been intercepted, no part of the contents of the communication and no evidence derived from it may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state, or a political subdivision of the state, if the disclosure of that information would be in violation of this chapter.
Amended by Chapter 251, 1988 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23a - Interception of Communications Act › Section 9 - Disclosure or use of intercepted information.

77-23a-9.
Disclosure or use of intercepted information.
(1) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived from any of these, may disclose those contents to another investigative or law enforcement officer to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(2) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived from any of them may use those contents to the extent the use is appropriate to the proper performance of his official duties.
(3) Any person who has received, by any means authorized by this chapter, any information concerning a wire, electronic, or oral communication or evidence derived from any of them intercepted in accordance with this chapter may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the United States or of any state or political subdivision.
(4) An otherwise privileged wire, electronic, or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter does not lose its privileged character.
(5) When an investigative or law enforcement officer, while engaged in intercepting wire, electronic, or oral communications in the manner authorized, intercepts wire, electronic, or oral communications relating to offenses other than those specified in the order of authorization or approval, the contents, and evidence derived from the contents, may be disclosed or used as provided in Subsections (1) and (2). The contents and any evidence derived from them may be used under Subsection (3) when authorized or approved by a judge of competent jurisdiction, if the judge finds on subsequent application that the contents were otherwise intercepted in accordance with this chapter. The application shall be made as soon as practicable.
Amended by Chapter 251, 1988 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23a - Interception of Communications Act › Section 12 - Enjoining a violation -- Civil action by attorney general.

77-23a-12.
Enjoining a violation -- Civil action by attorney general.
(1) When it appears that a person is engaged or is about to engage in any act that constitutes or will constitute a felony violation of this chapter or is otherwise prohibited by this chapter, the attorney general may initiate a civil action in a district court of the state to enjoin the violation.
(2) The court shall proceed as soon as practicable to the hearing and determination of the action and may at any time before final determination enter a restraining order or prohibition, or take other action as warranted to prevent a continuing and substantial injury to the state or to any person or class of persons for whose protection the action is brought.
(3) A proceeding under this section is governed by the Utah Rules of Civil Procedure, except if an information has been filed or an indictment has been returned against the respondent, discovery is governed by the Utah Rules of Criminal Procedure.
Amended by Chapter 122, 1989 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23a - Interception of Communications Act › Section 13 - Installation of device when court order required -- Penalty.

77-23a-13.
Installation of device when court order required -- Penalty.
(1) Except as provided in this section, a person may not install or use a pen register or trap or trace device without previously obtaining a court order under Section 77-23a-15, or under federal law.
(2) Subsection (1) does not apply to the use of a pen register or trap and trace device by a provider of electronic or wire communications services:
(a) relating to the operation, maintenance, and testing of a wire or electronic communications service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service; or
(b) to record that a wire or electronic communication was initiated or completed to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service from fraudulent, unlawful, or abusive use of that service; or
(c) when the consent of the user of that service has been obtained.
(3) A knowing or intentional violation of Subsection (1) is a class B misdemeanor.
Amended by Chapter 241, 1991 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23a - Interception of Communications Act › Section 14 - Court order for installation -- Application.

77-23a-14.
Court order for installation -- Application.
(1) The attorney general, a deputy attorney general, a county attorney or district attorney, a deputy county attorney or deputy district attorney, or a prosecuting attorney for a political subdivision of the state, or a law enforcement officer, may make application for an order or extension of an order under Section 77-23a-15 authorizing or approving the installation and use of a pen register or trap and trace device, in writing and under oath or equivalent affirmation, to a court of competent jurisdiction.
(2) An application under Subsection (1) shall include:
(a) the identity of the attorney for the government or the law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and
(b) a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
Amended by Chapter 38, 1993 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23a - Interception of Communications Act › Section 15 - Order for installation -- Contents -- Duration -- Extension -- Disclosure.

77-23a-15.
Order for installation -- Contents -- Duration -- Extension -- Disclosure.
(1) In general, upon an application made under Section 77-23a-14, the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device within the jurisdiction of the court, if the court finds that the attorney for the government or the law enforcement or investigative officer has certified to the court that the information likely to be obtained by the installation and use is relevant to an ongoing criminal investigation.
(2)
(a) An order issued under this section shall specify:
(i) the identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;
(ii) the identity, if known, of the person who is the subject of the criminal investigation;
(iii) the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographical limits of the trap and trace order; and
(iv) a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.
(b) The order shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under Section 77-23a-16.
(3)
(a) An order issued under this section may authorize the installation and use of a pen register or trap and trace device for a period not to exceed 60 days.
(b) Extensions of an order may be granted, but only upon an application for an order under Section 77-23a-14 and upon the judicial finding required by Subsection (1). The period of extension shall be for a period not to exceed 60 days.
(4) An order authorizing or approving the installation and use of a pen register or trap and trace device shall direct that:
(a) the order be sealed until otherwise ordered by the court; and
(b) the person owning or leasing the line to which the pen register or trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless otherwise ordered by the court.
Enacted by Chapter 251, 1988 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23a - Interception of Communications Act › Section 16 - Communications provider -- Cooperation and support services -- Compensation -- Liability defense.

77-23a-16.
Communications provider -- Cooperation and support services -- Compensation -- Liability defense.
(1) Upon the request of an attorney for the government or an officer of a law enforcement agency authorized to install and use pen registers under this chapter, a provider of wire or electronic communications service, landlord, custodian, or other person shall furnish investigative or law enforcement officers forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services the person ordered by the court accords the party regarding whom the installation and use is to take place, if such assistance is directed by a court order as provided in Subsection 77-23a-15(2)(b) of this chapter.
(2)
(a) Upon request of an attorney for the government or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of wire or electronic communications service, landlord, custodian, or other person shall install the device forthwith on the appropriate line.
(b) He shall also furnish the investigative or law enforcement officer all additional information, facilities, and technical assistance, including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if the installation and assistance is directed by a court order under Section 77-23a-15(2)(b).
(c) Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of the law enforcement agency designated by the court, at reasonable intervals and during regular business hours, for the duration of the order.
(3) A provider of wire or electronic communications service, landlord, custodian, or other person who furnishes facilities or technical assistance under this section shall be reasonably compensated for reasonable expenses incurred in providing the facilities and assistance.
(4) A cause of action does not lie in any court against the provider of wire or electronic communications service, its officers, employees, agents, or other specified persons, for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter.
(5) A good faith reliance on a court order, a legislative authorization, or a statutory authorization, is a complete defense against any civil or criminal action brought under this chapter or any other law.
Enacted by Chapter 251, 1988 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23b - Access to Electronic Communications › Section 1 - Definitions.

77-23b-1.
Definitions.
(1) As used in this chapter, "remote computing service" means provision to the public of computer storage or processing services by means of an electronic communications system.
(2) The definitions of terms in Section 77-23a-3 apply to this chapter.
Amended by Chapter 122, 1989 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23b - Access to Electronic Communications › Section 2 - Interference with access to stored communication -- Offenses -- Penalties.

77-23b-2.
Interference with access to stored communication -- Offenses -- Penalties.
(1) Except under Subsection (3), a person who obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in the system shall be punished under Subsection (2) if he:
(a) intentionally accesses without authorization a facility through which an electronic communications service is provided; or
(b) intentionally exceeds an authorization to access that facility.
(2) A person who commits a violation of Subsection (1) is:
(a) if the offense is committed for purposes of commercial advantage, malicious destruction, or damage, or private commercial gain, guilty of a:
(i) third degree felony for the first offense under this subsection; and
(ii) second degree felony for any subsequent offense; and
(b) class B misdemeanor in any other case.
(3) Subsection (1) does not apply to conduct authorized:
(a) by the person or entity providing a wire or electronic communications service;
(b) by a user of that service with respect to a communication of or intended for that user; or
(c) under Sections 77-23a-10, 77-23b-4, and 77-23b-5.
Amended by Chapter 241, 1991 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23b - Access to Electronic Communications › Section 3 - Revealing stored electronic communication -- Prohibitions -- Penalties.

77-23b-3.
Revealing stored electronic communication -- Prohibitions -- Penalties.
(1) Except under Subsection (2):
(a) the person or entity providing an electronic communications service to the public may not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and
(b) a person or entity providing a remote computing service to the public may not knowingly divulge to any person or entity the contents of any communication that is carried or maintained on that service:
(i) on behalf of and received by means of electronic transmission from or created by means of computer processing of communications received by means of electronic transmission from a subscriber or customer of the service; and
(ii) solely for the purpose of providing storage or computer processing services to the subscriber or customer, if the provider is not authorized to access the contents of any communications for the purpose of providing any services other than storage or computer processing.
(2) A person or entity may divulge the contents of a communication:
(a) to an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;
(b) as otherwise authorized under Section 77-23a-4, 77-23a-8, or 77-23b-4;
(c) with the lawful consent of the originator or addressee or intended recipient of the communication, or the subscriber in the case of remote computing service;
(d) to a person employed or authorized, or whose facilities are used to forward the communication to its destination;
(e) as may be necessarily incident to the rendition of the service or the protection of the rights or property of the provider of that service; or
(f) to a law enforcement agency, if the contents:
(i) were inadvertently obtained by the service provider; and
(ii) appear to pertain to the commission of a criminal offense.
Amended by Chapter 122, 1989 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23b - Access to Electronic Communications › Section 7 - Fee for services of provider of information.

77-23b-7.
Fee for services of provider of information.
(1)
(a) Except as otherwise provided in Subsection (3), a governmental entity obtaining the contents of communications, records, or other information under Section 77-23b-4 or 77-23b-5 shall pay to the person or entity assembling or providing the information a reimbursement fee for the costs reasonably necessary and directly incurred in searching for, assembling, reproducing, or otherwise providing the information.
(b) The reimbursement costs shall include any costs due to the necessary disruption of normal operations of any electronic communications service or remote computing service in which the information may be stored.
(2) The fee amount under Subsection (1) shall be mutually agreed upon by the governmental entity and the person or entity providing the information, or in the absence of agreement, shall be as determined by the court:
(a) that issued the order for production of the information; or
(b) before which a criminal prosecution relating to the information would be brought, if no court order was issued for production of the information.
(3) The requirement of Subsection (1) does not apply to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under Section 77-23b-4. However, the court may order a payment as described under Subsection (1) if the court determines the information required is unusually voluminous in nature or otherwise causes an undue burden on the provider.
Amended by Chapter 122, 1989 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23b - Access to Electronic Communications › Section 8 - Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.

77-23b-8.
Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.
(1) Except under Subsection 77-23b-4(5), any provider of electronic communications service, subscriber, or customer aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may in a civil action recover from the person or entity that engaged in that violation relief as is appropriate.
(2) In a civil action under this section, appropriate relief includes:
(a) preliminary and other equitable or declaratory relief as is appropriate;
(b) damages under Subsection (3); and
(c) a reasonable attorney's fee and other litigation costs reasonably incurred.
(3) The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case is a person entitled to recover less than $1,000.
(4) A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this chapter or any other law:
(a) a court warrant or order, a grand jury subpoena, legislative authorization, or a statutory authorization;
(b) a request of an investigative or law enforcement officer under Subsection 77-23a-10(7); or
(c) a good faith determination that Subsection 77-23a-4(9) permitted the conduct complained of.
(5) A civil action under this section may not be commenced later than two years after the date the claimant first discovered or had a reasonable opportunity to discover the violation.
Amended by Chapter 22, 1989 General Session
Amended by Chapter 122, 1989 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23b - Access to Electronic Communications › Section 9 - Judicial scope of chapter remedies and sanctions.

77-23b-9.
Judicial scope of chapter remedies and sanctions.
The remedies and sanctions under this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter.
Enacted by Chapter 251, 1988 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23c - Electronic Information Privacy Act › Section 101.2 - Definitions.

Effective 5/3/2023
77-23c-101.2.
Definitions.
As used in this chapter:
(1) "Electronic communication service" means a service that provides to users of the service the ability to send or receive wire or electronic communications.
(2) "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location information service.
(3)
(a) "Electronic information" means information or data including a sign, signal, writing, image, sound, or intelligence of any nature transmitted or stored in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system.
(b) "Electronic information" includes the location information, stored data, or transmitted data of an electronic device.
(c) "Electronic information" does not include:
(i) a wire or oral communication;
(ii) a communication made through a tone-only paging device; or
(iii) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of money.
(4) "Law enforcement agency" means:
(a) an entity of the state or a political subdivision of the state that exists to primarily prevent, detect, or prosecute crime and enforce criminal statutes or ordinances; or
(b) an individual or entity acting for or on behalf of an entity described in Subsection (4)(a).
(5)
(a) "Location information" means information concerning the geographical location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device or the operation of a software application on an electronic device.
(b) "Location information" includes past, current, and future location information.
(6) "Location information service" means the provision of a global positioning service or other mapping, location, or directional information service.
(7) "Oral communication" means the same as that term is defined in Section 77-23a-3.
(8) "Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system.
(9) "Transmitted data" means electronic information that is transmitted wirelessly:
(a) from an electronic device to another electronic device without the use of an intermediate connection or relay; or
(b) from an electronic device to a nearby antenna or from a nearby antenna to an electronic device.
(10) "Wire communication" means the same as that term is defined in Section 77-23a-3.
Amended by Chapter 382, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23c - Electronic Information Privacy Act › Section 104 - Third-party electronic information or data.

Effective 5/3/2023
77-23c-104.
Third-party electronic information.
(1) As used in this section, "subscriber record" means a record or information of a provider of an electronic communication service or remote computing service that reveals the subscriber's or customer's:
(a) name;
(b) address;
(c) local and long distance telephone connection record, or record of session time and duration;
(d) length of service, including the start date;
(e) type of service used;
(f) telephone number, instrument number, or other subscriber or customer number or identification, including a temporarily assigned network address; and
(g) means and source of payment for the service, including a credit card or bank account number.
(2) Except as provided in Chapter 22, Subpoena Powers for Aid of Criminal Investigation and Grants of Immunity or Section 77-23f-105, a law enforcement agency may not obtain, use, copy, or disclose a subscriber record.
(3) A law enforcement agency may not obtain, use, copy, or disclose, for a criminal investigation or prosecution, any record or information, other than a subscriber record, of a provider of an electronic communication service or remote computing service related to a subscriber or customer without a warrant.
(4) Notwithstanding Subsections (2) and (3), a law enforcement agency may obtain, use, copy, or disclose a subscriber record, or other record or information related to a subscriber or customer, without an investigative subpoena or a warrant:
(a) with the informed, affirmed consent of the subscriber or customer;
(b) in accordance with a judicially recognized exception to warrant requirements;
(c) if the subscriber or customer voluntarily discloses the record in a manner that is publicly accessible; or
(d) if the provider of an electronic communication service or remote computing service voluntarily discloses the record:
(i) under a belief that an emergency exists involving the imminent risk to an individual of:
(A) death;
(B) serious physical injury;
(C) sexual abuse;
(D) live-streamed sexual exploitation;
(E) kidnapping; or
(F) human trafficking;
(ii) that is inadvertently discovered by the provider, if the record appears to pertain to the commission of:
(A) a felony; or
(B) a misdemeanor involving physical violence, sexual abuse, or dishonesty; or
(iii) subject to Subsection 77-23c-104(4)(d)(ii), as otherwise permitted under 18 U.S.C. Sec. 2702.
(5) A provider of an electronic communication service or remote computing service, or the provider's officers, employees, agents, or other specified persons may not be held liable for providing information, facilities, or assistance in good faith reliance on the terms of a warrant issued under this section, or without a warrant in accordance with Subsection (3).
Amended by Chapter 382, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23c - Electronic Information Privacy Act › Section 105 - Exclusion of records.

Effective 5/14/2019
77-23c-105.
Exclusion of records.
All electronic information or data and records of a provider of an electronic communications service or remote computing service pertaining to a subscriber or customer that are obtained in violation of the provisions of this chapter shall be subject to the rules governing exclusion as if the records were obtained in violation of the Fourth Amendment to the United States Constitution and Utah Constitution, Article I, Section 14.
Enacted by Chapter 362, 2019 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23d - Imaging Surveillance Privacy › Section 102 - Definitions.

Effective 2/27/2023
77-23d-102.
Definitions.
As used in this chapter:
(1) "Government entity" means the state, a county, a municipality, a higher education institution, a special district, a special service district, or any other political subdivision of the state or an administrative subunit of any political subdivision, including a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency.
(2) "Imaging surveillance device" means a device that uses radar, sonar, infrared, or other remote sensing or detection technology used by the individual operating the device to obtain information, not otherwise directly observable, about individuals, items, or activities within a closed structure.
(3) "Target" means a person or a structure upon which a government entity intentionally collects or attempts to collect information using an imaging surveillance device.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23d - Imaging Surveillance Privacy › Section 103 - Use of imaging surveillance device -- Warrant required -- Exceptions.

Effective 5/12/2015
77-23d-103.
Use of imaging surveillance device -- Warrant required -- Exceptions.
(1) Except as provided in Subsection (2), a government entity may not operate an imaging surveillance device without a search warrant issued upon probable cause.
(2) A government entity may operate an imaging surveillance device without a search warrant:
(a) for testing equipment or training if the testing or training:
(i) is not conducted as part of an investigation or law enforcement activity; and
(ii) is conducted with the knowledge and consent of:
(A) each individual who is imaged; and
(B) an owner of each property that is imaged;
(b) in exigent circumstances; or
(c) in fresh pursuit of a person suspected of committing a felony.
Enacted by Chapter 447, 2015 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23d - Imaging Surveillance Privacy › Section 104 - Notification required -- Delayed notification.

Effective 5/12/2015
77-23d-104.
Notification required -- Delayed notification.
(1) Except as provided in Subsection (2), a government entity that executes a search warrant that authorizes the use of an imaging surveillance device shall, within 14 days after the day on which the warrant is executed, provide notice to the individual who owns, resides in, or rents the structure specified in the warrant that states:
(a) that a warrant was applied for and granted;
(b) the type of warrant issued;
(c) the period of time during which the collection of data from the structure was authorized;
(d) the offense specified in the application for the warrant;
(e) the identity of the government entity that filed the application; and
(f) the name of the court that issued the warrant.
(2) A government entity seeking a warrant described in Subsection 77-23d-103(1) may submit a request, and the court may grant permission, to delay the notification described in Subsection (1) for a period not to exceed 30 days, if the court determines that there is probable cause to believe that the notification may:
(a) endanger the life or physical safety of an individual;
(b) cause an individual to flee from prosecution;
(c) lead to the destruction of or tampering with evidence;
(d) result in the intimidation of a potential witness; or
(e) otherwise seriously jeopardize an investigation or unduly delay a trial.
(3) When a delay of notification is granted under Subsection (2), and upon application by the government entity, the court may grant additional extensions of up to 30 days each.
(4) Upon expiration of the period of delayed notification granted under Subsection (2) or (3), the government entity shall serve upon or deliver by first-class mail to the individual who owns, resides in, or rents the structure specified in the warrant a copy of the warrant together with a notice that:
(a) states with reasonable specificity the nature of the law enforcement inquiry; and
(b) contains:
(i) the information described in Subsections (1)(a) through (f);
(ii) a statement that notification of the search was delayed;
(iii) the name of the court that authorized the delay of notification; and
(iv) a reference to the provision of this chapter that allowed the delay of notification.
(5) A government entity is not required to notify the owner of a structure if the owner is located outside of the United States.
Enacted by Chapter 447, 2015 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23d - Imaging Surveillance Privacy › Section 105 - Data use and retention.

Effective 5/12/2015
77-23d-105.
Data use and retention.
(1) Except as provided in Subsection (2), a government entity:
(a) may not use, copy, or disclose data collected using an imaging surveillance device on an individual or structure that is not a target; and
(b) shall ensure that data described in Subsection (1)(a) is destroyed as soon as reasonably possible after the government entity collects or receives the data.
(2) A government entity is not required to comply with Subsection (1) if:
(a) deleting the data would also require the deletion of data that:
(i) relates to the target of the operation; and
(ii) is requisite for the success of the operation;
(b) the government entity receives the data:
(i) through a court order that:
(A) requires a person to release the data to the government entity; or
(B) prohibits the destruction of the data; or
(ii) from a person who is a nongovernment actor;
(c)
(i) the data was collected inadvertently; and
(ii) the data appears to pertain to the commission of a crime; or
(d)
(i) the government entity reasonably determines that the data pertains to an emergency situation; and
(ii) using or disclosing the data would assist in remedying the emergency.
Enacted by Chapter 447, 2015 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23e - Government Use of Facial Recognition Technology › Section 104 - Department use of facial recognition system with specific images -- Restrictions.

Effective 5/5/2021
77-23e-104.
Department use of facial recognition system with specific images -- Restrictions.
(1) The department is the only government entity in the state authorized to use a facial recognition system to conduct a facial recognition comparison on an image database that is maintained by or shared with the department.
(2) The department may only use a facial recognition system:
(a) for a purpose authorized in Subsection 77-23e-103(2)(c); or
(b) notwithstanding Subsection 77-23e-103(2)(b), to:
(i) compare an image taken of an applicant for a license certificate or an identification card to determine whether the applicant has submitted a fraudulent or an inaccurate application; or
(ii) provide images for a photo lineup for a purpose authorized in Subsection 77-23e-103(2)(c).
(3) Notwithstanding Subsection 77-23e-103(2)(a)(ii), a law enforcement agency shall submit a request to the department to use a facial recognition system on an image database maintained by the department through the Utah Criminal Justice Information System.
Enacted by Chapter 200, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23e - Government Use of Facial Recognition Technology › Section 105 - Notice requirement.

Effective 5/5/2021
77-23e-105.
Notice requirement.
(1) When capturing an image of an individual when the individual interacts with the government entity, the government entity shall notify the individual that the individual's image may be used in conjunction with facial recognition technology.
(2) At least 30 days before the day on which a government entity other than the department begins using a facial recognition system to conduct a facial recognition comparison on the government entity's image database, the government entity shall:
(a) publish on the government entity's website:
(i) notice of the proposed use of facial recognition system;
(ii) a description of the image database on which the government entity plans to use the facial recognition system; and
(iii) information about how to provide public comment;
(b) allow the public to submit written comments to the government entity within 15 days after the date of publication;
(c) consider timely submitted public comments and the criteria established in this chapter in determining whether to proceed with the intended use of the facial recognition system; and
(d) post notice of the final decision on the government entity's website.
(3) The process described in Subsection (2) does not create a right of appeal.
Enacted by Chapter 200, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23e - Government Use of Facial Recognition Technology › Section 106 - Data protection and disclosure.

Effective 5/5/2021
77-23e-106.
Data protection and disclosure.
(1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, data relating to a facial recognition comparison may not be used or shared for any purpose other than a purpose described in this chapter.
(2)
(a) Upon request, a government entity shall release statistical information regarding facial recognition comparisons, including:
(i) the different types of crime for which the government entity received a request;
(ii) how many requests the government entity received for each type of crime; and
(iii) the number of probable matches the government entity provided in response to each request.
(b) In responding to a request for a release of statistical information under Subsection (2)(a), a government entity may not disclose details regarding a pending investigation.
(3)
(a) On or after August 1 but before October 15 of each year, a government entity that uses a facial recognition system to conduct a facial recognition comparison shall provide to the Government Operations Interim Committee a report that discloses:
(i) the different types of crime for which the department received a request;
(ii) how many requests the department received for each type of crime;
(iii) the number of probable matches the department provided in response to each request; and
(iv) the image source from which the department made each match.
(b) In responding to a request for a release of statistical information under Subsection (2)(a), a government entity may not disclose details regarding a pending investigation.
Enacted by Chapter 200, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23f - Access to Reverse-Location Information › Section 101 - Definitions.

Effective 5/3/2023
77-23f-101.
Definitions.
As used in this chapter:
(1) "Anonymized" means that the identifying information connected to an electronic device has been rendered anonymous in a manner such that the subject, including an individual, household, device, or Internet protocol address, is not identifiable to a law enforcement agency.
(2) "Cell site" means transmission or reception equipment, including a base-station antenna, that connects an electronic device to a network.
(3) "Cell site record" means the cell site location information of an electronic device that corresponds to a specific cell site and time frame.
(4) "Electronic device" means a device that enables access to or use of a location information service or can otherwise create or provide location information.
(5) "Geofence" means a specified geographic area defined by a virtual perimeter or geographic coordinates.
(6) "Identifying information" means information tied to an electronic device that identifies the user's or owner's:
(a) name;
(b) address;
(c) phone number;
(d) email; or
(e) other identifying information that would identify the owner or user of the electronic device.
(7) "Law enforcement agency" means the same as that term is defined in Section 77-23c-101.2.
(8) "Location information" means the same as that term is defined in Section 77-23c-101.2.
(9) "Reverse-location information" means historical location information for:
(a) a defined time period;
(b) a defined or undefined area; and
(c) a defined or undefined number of electronic devices, for which the identities of the owners or users of the electronic devices are unknown to law enforcement.
Enacted by Chapter 382, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23f - Access to Reverse-Location Information › Section 102 - Obtaining reverse-location information within a geofence -- Warrant required for disclosure -- Procedure.

Affected by 63I-2-277 on 1/1/2033
Effective 5/3/2023
77-23f-102.
Obtaining reverse-location information within a geofence -- Warrant required for disclosure -- Procedure.
(1) Except as provided in Section 77-23f-106, for a criminal investigation or prosecution, a law enforcement agency may not obtain reverse-location information for electronic devices within a geofence unless:
(a) the law enforcement agency obtains a search warrant as provided under this section; and
(b)
(i) the investigation or prosecution involves:
(A) a felony;
(B) a class A misdemeanor that involves harm or a risk of harm to a person, a violation of Title 23A, Wildlife Resources Act, or is part of a pattern of criminal activity; or
(C) a class B misdemeanor that involves harm or a risk of harm to a person, the unlawful taking of protected wildlife, or is part of a pattern of criminal activity; or
(ii) the law enforcement agency can demonstrate an imminent, ongoing threat to public safety.
(2) To obtain reverse-location information inside of a geofence, a law enforcement agency shall:
(a) include with the sworn warrant application:
(i) a map or other visual depiction that represents the geofence for which the warrant is seeking information; and
(ii) the following language at the beginning of the application in a legible font no smaller than other text appearing in the application:
"NOTICE: This warrant application seeks judicial authorization for the disclosure of reverse-location information of electronic devices near a crime at or near the time of the crime. If authorized, the warrant allows law enforcement to obtain historical location information of all devices within the area described in the warrant during the specified time from entities in possession of the relevant data. The electronic devices captured in the warrant may be owned or used by both alleged criminal perpetrators and individuals not involved in the commission of a crime. For this reason, any warrant issued must require the anonymization of all devices associated with the reverse-location information."; and
(b) establish probable cause to believe that evidence of a crime will be found within the geofence and within a specified period of time.
(3) If a court grants a warrant under Subsection (2), the court shall require that all electronic device data provided pursuant to the warrant be anonymized before the reverse-location information is released to the law enforcement agency.
Enacted by Chapter 382, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23f - Access to Reverse-Location Information › Section 103 - Obtaining reverse-location information based on cell site records -- Warrant required for disclosure -- Procedure.

Affected by 63I-2-277 on 1/1/2033
Effective 5/3/2023
77-23f-103.
Obtaining reverse-location information based on cell site records -- Warrant required for disclosure -- Procedure.
(1) Except as provided in Section 77-23f-106, for a criminal investigation or prosecution, a law enforcement agency may not obtain reverse-location information based on cell site records unless:
(a) the law enforcement agency obtains a search warrant as provided under this section; and
(b)
(i) the investigation or prosecution involves:
(A) a felony;
(B) a class A misdemeanor that involves harm or risk of harm to a person, a violation of Title 23A, Wildlife Resources Act, or is part of a pattern of criminal activity; or
(C) a class B misdemeanor that involves harm or risk of harm to a person, the unlawful taking of protected wildlife, or is part of a pattern of criminal activity; or
(ii) the law enforcement agency can demonstrate an imminent, ongoing threat to public safety.
(2) To obtain cell-site based reverse-location information, a law enforcement agency shall:
(a) include with the sworn warrant application:
(i) a visual depiction or written description that identifies:
(A) the crime scene location and any other areas of interest related to the crime;
(B) the location of cell sites from which the reverse-location information is sought; and
(C) the distance between the locations described in Subsections (2)(a)(i)(A) and (B); and
(ii) the following language at the beginning of the application in a legible font no smaller than other text appearing in the application:
"NOTICE: This warrant application seeks judicial authorization for the disclosure of reverse-location information of electronic devices near a crime at or near the time of the crime. If authorized, the warrant allows law enforcement to obtain historical location information of all devices within the area described in the warrant during the specified time from entities in possession of the relevant data. The electronic devices captured in the warrant may be owned or used by both alleged criminal perpetrators and individuals not involved in the commission of a crime. For this reason, any warrant issued must require the anonymization of all devices associated with the reverse-location information."; and
(b) establish probable cause to believe that evidence of a crime will be found within the cell site records described in Subsection (2)(a)(i) and within a specified period of time.
(3) If a court grants a warrant under Subsection (2), the court shall require that all electronic device data provided pursuant to the warrant be anonymized before the reverse-location information is released to the law enforcement agency.
Enacted by Chapter 382, 2023 General Session