Utah Code 32B-4-505. Obstructing a search, official proceeding, or investigation
Current as of: 2024 | Check for updates
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(1) A person who is in the premises or has charge over premises may not refuse or fail to admit to the premises or obstruct the entry of any of the following who demands entry when acting under this title:
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 A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 32B-4-505
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102 - Commissioner: means a member of the commission. See Utah Code 32B-1-102
- Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . See Utah Code 32B-1-102 - 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
- Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
- Record: includes :
(103)(b)(i) a book;(103)(b)(ii) a book of account;(103)(b)(iii) a paper;(103)(b)(iv) a contract;(103)(b)(v) an agreement;(103)(b)(vi) a document; or(103)(b)(vii) a recording in any medium. See Utah Code 32B-1-102(1)(a) a commissioner;(1)(b) an authorized representative of the commission or department; or(1)(c) a law enforcement officer.(2) A person who is in the premises or has charge of the premises may not interfere with any of the following who is conducting an investigation under this title at the premises:(2)(a) a commissioner;(2)(b) an authorized representative of the commission or department; or(2)(c) a law enforcement officer.(3) After receiving written notice of an official proceeding or investigation under Chapter 15, Alcoholic Product Liability Act, or a criminal proceeding or investigation for a violation of Section 41-6a-502 or 41-6a-517, a person may not knowingly alter, destroy, conceal, or remove a record that is relevant to the official proceeding or investigation.(4) A person who believes that an official proceeding or investigation is pending or about to be instituted under this title may not:(4)(a) alter, destroy, conceal, or remove a record with a purpose to impair the record’s verity or availability in the proceeding or investigation; or(4)(b) make, present, or use anything that the person knows to be false with the purpose to deceive any of the following who may be engaged in the proceeding or investigation:(4)(b)(i) a commissioner;(4)(b)(ii) an authorized representative of the commission or department;(4)(b)(iii) a law enforcement officer; or(4)(b)(iv) another person.(5)(5)(a) Except as provided in Subsection (5)(b), a violation of Subsection (1), (2), or (3) is a class B misdemeanor.(5)(b) A violation of Subsection (3) is a class A misdemeanor if the record is relevant to an official proceeding or investigation for a violation of Section 32B-4-404.(5)(c) A violation of Subsection (4) is a class A misdemeanor.