Criminal penalty

(1) A person who violates Section 13-39-202 commits a computer crime and is guilty of a: (a) class B misdemeanor for a first offense with respect to a contact point registered with the unit under Subsection 13-39-201(2)(a); and (b) class A misdemeanor: (i) for each subsequent violation with respect to a contact point registered with the unit under Subsection 13-39-201(2)(a); or (ii) for each violation with respect to a domain name registered with the unit under Subsection 13-39-201(2)(b). (2) A person commits a computer crime and is guilty of a second degree felony if the person: (a) uses information obtained from the unit under this chapter to violate Section 13-39-202; (b) improperly: (i) obtains contact points from the registry; or (ii) attempts to obtain contact points from the registry; or (c) uses, or transfers to a third party to use, information from the registry to send a solicitation. (3) A criminal conviction or penalty under this section does not relieve a person from civil liability in an action under Section 13-39-302. (4) Each communication sent in violation of Section 13-39-202 is a separate offense under this section.