(a) An individual commits the crime of misuse of a background check report if he or she does any of the following:
(1) Knowingly receives, disseminates, or otherwise uses a background check contrary to the purposes allowed by this article or otherwise allowed in law.
(2) Performs a background check on an individual without first receiving a release, when required, from the subject of the report.
(3) Willfully uses information submitted to the Alabama Rap Back Program for purposes not authorized in this article with the intent to harass or intimidate another individual.
(b) Misuse of a background check report is a Class B misdemeanor.
(c) Upon conviction for any violation of this section, the defendant may be ordered to pay restitution to the victim whose information was misused. Restitution shall include any pecuniary damages or loss to the victim ordered pursuant to a hearing held as provided in Section 15-18-67.