Unlawful interception or disclosure of a private communication

(1) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this section. (2) An actor commits unlawful interception or disclosure of a private communication if, except as authorized by law, the actor: (a) intercepts, without the consent of the sender or receiver, a message by telephone, telegraph, letter, or other means of communicating privately; or (b) divulges, without consent of the sender or receiver, the existence or contents of a message described in Subsection (2)(a), if the actor: (i) knows that the message described in Subsection (2)(a) was illegally intercepted; or (ii) learned of the message described in Subsection (2)(a) in the course of employment with an agency engaged in the transmission of the message. (3) A violation of Subsection (2) is a class B misdemeanor. (4) Subsection (2)(a) does not apply to: (a) overhearing a message through a regularly installed instrument on a telephone party line or on an extension; or (b) intercepting a message by a telephone company or subscriber incident to enforcement of regulations limiting use of the facilities or to other normal operation and use. (5) (a) A person, or the heirs of a deceased person, who has been injured by a violation of this section may bring an action against the actor who committed the violation. (b) If in the action described in Subsection (5)(a) the court finds the defendant is violating or has violated any of the provisions of this section, the court shall enjoin the defendant from a continued violation. (c) It is not necessary that actual damages to the plaintiff be alleged or proved, but if damages are alleged and proved, the plaintiff in the action is entitled to recover from the defendant the actual damages sustained, if any, in addition to injunctive relief. (d) A finding that the defendant is in violation of this section entitles the plaintiff to an award of reasonable attorney fees. (e) Exemplary damages may be awarded when the violation is found to be malicious.