(1) As used in this section:
(a) "Wireless communication device" means:
(i) a cellular phone;
(ii) a portable telephone;
(iii) a text messaging device;
(iv) a personal digital assistant;
(v) a stand-alone computer, including a tablet, laptop, or notebook computer;
(vi) a global positioning receiver;
(vii) a device used to display a video, movie, broadcast television image, or visual image; or
(viii) a substantially similar communication device used to initiate or receive communication, information, or data.
(b) "Wireless communication device" does not include a two-way radio device described in 47 C.F.R. Part 90, 95, or 97, or a functional equivalent.
(2) Except as provided in Subsection (3), an individual may not use a wireless communication device while operating a moving motor vehicle on a highway in this state to manually:
(a)
(i) write or send a written communication, including:
(A) a text message;
(B) an instant message; or
(C) electronic mail;
(ii) dial a phone number;
(iii) access the internet;
(iv) record video;
(v) take a photograph; or
(vi) enter data into a wireless communication device;
(b) read a written communication, including:
(i) a text message;
(ii) an instant message; or
(iii) electronic mail; or
(c) view a video or photograph.
(3) Subsection (2) does not prohibit an individual from using a wireless communication device while operating a moving motor vehicle:
(a) when using a wireless communication device for voice communication;
(b) to view a global positioning or navigation device or a global positioning or navigation application;
(c) during a medical emergency;
(d) when reporting a safety hazard or requesting assistance relating to a safety hazard;
(e) when reporting criminal activity or requesting assistance relating to a criminal activity;
(f) when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment; or
(g) to operate:
(i) hands-free or voice operated technology; or
(ii) a system that is physically or electronically integrated into the motor vehicle.
(4) An individual convicted of a violation of this section is guilty of a:
(a) class C misdemeanor with a maximum fine of $100; or
(b) class B misdemeanor if the individual:
(i) has also inflicted serious bodily injury upon another as a proximate result of using a wireless communication device in violation of this section while operating a moving motor vehicle on a highway in this state; or
(ii) has a prior conviction under this section, that is within three years of:
(A) the current conviction under this section; or
(B) the commission of the offense upon which the current conviction is based.