(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.