45-3-3 - Acts constituting abuse -- Permitting prosecution.
45-3-3. Acts constituting abuse -- Permitting prosecution.
(1) Except for purposes of the criminal penalty in Section 76-9-407, the personal identityof an individual is abused if:
(a) an advertisement is published in which the personal identity of that individual is usedin a manner which expresses or implies that the individual approves, endorses, has endorsed, orwill endorse the specific subject matter of the advertisement; and
(b) consent has not been obtained for such use from the individual, or if the individual is aminor, then consent of one of the minor's parents or consent of the minor's legally appointedguardian.
(2) Nothing in this part prohibits prosecution of abuse of personal identity under Section76-9-407.
Amended by Chapter 146, 1999 General Session