76-9-407 - Crime of abuse of personal identity -- Penalty -- Defense -- Permitting civil action.
76-9-407. Crime of abuse of personal identity -- Penalty -- Defense -- Permittingcivil action.
(1) The definitions in Section 45-3-2 apply to this section.
(2) Any person is guilty of a class B misdemeanor who knowingly or intentionally causesthe publication of an advertisement in which the personal identity of an individual is used in amanner which expresses or implies that the individual approves, endorses, has endorsed, or willendorse the specific subject matter of the advertisement without the consent for such use by theindividual.
(3) It is an affirmative defense that the person causing the publication of theadvertisement reasonably believed that the person whose personal identity was to be used hadconsented to its use.
(4) Upon conviction of an offense under this section, unless waived by the victim, thecourt shall order that, within 30 days of the conviction, the person convicted shall issue a publicapology or retraction to whomever received the advertisement. The apology or retraction shall beof similar size and placement as the original advertisement.
(5) Nothing in this section prohibits a civil action under Title 45, Chapter 3, Abuse ofPersonal Identity.
Enacted by Chapter 146, 1999 General Session