(1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.

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Terms Used In Utah Code 76-8-508.7

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • Official proceeding: means :
         (3)(a) a proceeding before:
              (3)(a)(i) a legislative, judicial, administrative, or other governmental body or official authorized by law to take evidence under oath or affirmation;
              (3)(a)(ii) a notary; or
              (3)(a)(iii) an individual who takes evidence in connection with a proceeding described in Subsection (3)(a)(i);
         (3)(b) a civil or administrative action, trial, examination under oath, administrative proceeding, or other civil or administrative adjudicative process; or
         (3)(c) an investigation or audit conducted by:
              (3)(c)(i) the Legislature, or a house, committee, subcommittee, or task force of the Legislature; or
              (3)(c)(ii) an employee or independent contractor of an entity described in Subsection (3)(c)(i), at or under the direction of an entity described in Subsection (3)(c)(i). See Utah Code 76-8-501
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) An actor commits receiving or soliciting a bribe as a witness if the actor:

     (2)(a) believes that an official proceeding or investigation is pending or about to be instituted; and
     (2)(b) solicits, accepts, or agrees to accept a benefit in consideration of the actor:

          (2)(b)(i) testifying or informing falsely;
          (2)(b)(ii) withholding testimony, information, a document, or an item;
          (2)(b)(iii) eluding legal process summoning the actor to provide evidence; or
          (2)(b)(iv) absenting the actor from a proceeding or investigation to which the actor has been summoned.
(3) A violation of Subsection (2) is a third degree felony.
(4) A violation under this section does not merge with another substantive offense committed in the course of violating this section.