(1) (a) As used in this section, "thing or item" includes any document, record book, paper, file, electronic compilation, or other evidence. (b) Terms defined in Sections 76-1-101.5 , 76-8-101 , and 76-8-501 apply to this section. (2) An actor commits tampering with evidence if the actor: (a) (i) believes that an official proceeding or investigation is pending or about to be instituted; or (ii) intends to prevent an official proceeding or investigation or to prevent the production of a thing or item which reasonably would be anticipated to be evidence in the official proceeding or investigation; and (b) knowingly or intentionally: (i) alters, destroys, conceals, or removes a thing or item with the purpose of impairing the veracity or availability of the thing or item in the proceeding or investigation; or (ii) makes, presents, or uses a thing or item which the actor knows to be false with the purpose of deceiving a public servant or other party who is or may be engaged in the proceeding or investigation. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor. (b) A violation of Subsection (2) is a third degree felony if the offense is committed in conjunction with an official proceeding. (4) Subsection (2) does not apply to any offense that amounts to a violation of Section 76-8-306 .
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.