(1) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-401 apply to this section.
(2) An actor commits unlawful use of a person's name for soliciting contributions if the actor:
(a) is a charitable organization, professional fund raiser, or professional solicitor, seeking to raise funds for a charitable purpose; and
(b) uses the name of any other person for the purpose of soliciting a charitable contribution in this state without the written consent of the person.
(3) A violation of Subsection (2) is an infraction.
(4) This section does not apply to:
(a) a religious corporation, organization, charity, or agency; or
(b) an organization operated, supervised, or controlled by or in connection with a religious corporation or organization.