13-40-201 - Phishing and pharming.
13-40-201. Phishing and pharming.
(1) A person is guilty of phishing if, with intent to defraud or injure an individual, orwith knowledge that the person is facilitating a fraud or injury to be perpetrated by another:
(a) the person makes a communication under false pretenses purporting to be by or onbehalf of a legitimate business, without the authority or approval of the legitimate business; and
(b) the person uses the communication to induce, request, or solicit another person toprovide identifying information or property.
(2) A person is guilty of pharming if, with intent to defraud or injure another, or withknowledge that the person is facilitating a fraud or injury to be perpetrated by another, theperson:
(a) creates or operates a webpage that represents itself as belonging to or being associatedwith a legitimate business, without the authority or approval of the legitimate business, if thatwebpage may induce any user of the Internet to provide identifying information or property; or
(b) alters a setting on a user's computer or similar device or software program throughwhich the user may search the Internet, causing any user of the Internet to view a communicationthat represents itself as belonging to or being associated with a legitimate business, if themessage has been created or is operated without the authority or approval of the legitimatebusiness and induces, requests, or solicits any user of the Internet to provide identifyinginformation or property.
Repealed and Re-enacted by Chapter 200, 2010 General Session