Utah Code 36-12-9.5. Obstructing a legislative proceeding
Current as of: 2024 | Check for updates
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(1) As used in this section, “legislative proceeding” means an investigation or audit conducted by:
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 |
Terms Used In Utah Code 36-12-9.5
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Service of process: The service of writs or summonses to the appropriate party.
- Subpoena: A command to a witness to appear and give testimony.
(1)(a) the Legislature, or a chamber, committee, subcommittee, or task force of the Legislature; or(1)(b) an employee or independent contractor of an entity described in Subsection (1)(a), at or under the direction of an entity described in Subsection (1)(a).
(2) Except as described in Subsection (3), a person is guilty of a class A misdemeanor if the person, with intent to hinder, delay, or prevent a legislative proceeding:
(2)(a) provides a person with a weapon;
(2)(b) prevents a person, by force, intimidation, or deception, from performing any act that might aid the legislative proceeding;
(2)(c) alters, destroys, conceals, or removes any item or other thing;
(2)(d) makes, presents, or uses an item, document, or thing known by the person to be false;
(2)(e) makes a false material statement, not under oath, to:
(2)(e)(i) the Legislature, or a chamber, committee, subcommittee, or task force of the Legislature; or
(2)(e)(ii) an employee or independent contractor of an entity described in Subsection (2)(e)(i);
(2)(f) harbors or conceals a person;
(2)(g) provides a person with transportation, disguise, or other means of avoiding discovery or service of process;
(2)(h) warns any person of impending discovery or service of process;
(2)(i) conceals an item, information, document, or thing that is not privileged after a legislative subpoena is issued for the item, information, document, or thing; or
(2)(j) provides false information regarding a witness or a material aspect of the legislative proceeding.
(3) Subsection (2) does not include:
(3)(a) false or inconsistent material statements, as described in Section 76-8-502 ;
(3)(b) tampering with a witness or soliciting or receiving a bribe, as described in Section 76-8-508 ;
(3)(c) retaliation against a witness, victim, or informant, as described in Section 76-8-508.3 ; or
(3)(d) extortion or bribery to dismiss a criminal proceeding, as described in Section 76-8-509 .