Utah Code 75A-3-308. Illegal destruction or falsification of advance health care directive
Current as of: 2024 | Check for updates
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(1) A person is guilty of a class B misdemeanor if the person:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 75A-3-308
- Adult: means an individual who is:(1)(a) at least 18 years old; or(1)(b) an emancipated minor. See Utah Code 75A-3-101
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75A-3-101
- Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75A-3-101
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Surrogate: means a health care decision maker who is:
(31)(a) an appointed agent;(31)(b) a default surrogate under the provisions of Section75A-3-203 ; or(31)(c) a guardian. See Utah Code 75A-3-101(1)(a) willfully conceals, cancels, defaces, obliterates, or damages an advance health care directive of another without the declarant‘s consent; or(1)(b) falsifies, forges, or alters a health care directive or a revocation of the advance health care directive of another person.(2) A person is guilty of criminal homicide if:(2)(a) the person:(2)(a)(i) falsifies or forges the advance health care directive of an adult; or(2)(a)(ii) willfully conceals or withholds personal knowledge of:(2)(a)(ii)(A) the existence of an advance health care directive;(2)(a)(ii)(B) the revocation of an advance health care directive; or(2)(a)(ii)(C) the disqualification of a surrogate; and(2)(b) the actions described in Subsection (2)(a) cause a withholding or withdrawal of life sustaining procedures contrary to the wishes of a declarant resulting in the death of the declarant.