Utah Code 63A-12-105. Records are property of the state — Disposition — Penalties for intentional mutilation or destruction
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(1) All records created or maintained by a state governmental entity are the property of the state and shall not be mutilated, destroyed, or otherwise damaged or disposed of, in whole or part, except as provided in this chapter and Title 63G, Chapter 2, Government Records Access and Management Act .
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 63A-12-105
- 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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Record: means :
(2)(e)(i) the same as that term is defined in Section 63G-2-103; or(2)(e)(ii) a video or audio recording of an interview, or a transcript of the video or audio recording, that is conducted at a Children's Justice Center established under Section 67-5b-102, the release of which is governed by Section 77-37-4. See Utah Code 63A-12-100.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State archives: means the Division of Archives and Records Service. See Utah Code 63A-12-100.5
(2)(2)(a) Except as provided in Subsection(2)(b) , all records created or maintained by a political subdivision of the state are the property of the state and shall not be mutilated, destroyed, or otherwise damaged or disposed of, in whole or in part, except as provided in this chapter andTitle 63G, Chapter 2, Government Records Access and Management Act .(2)(b) Records which constitute a valuable intellectual property shall be the property of the political subdivision.(2)(c) The state archives may, upon request from a political subdivision, take custody of any record series of the political subdivision. A political subdivision which no longer wishes to maintain custody of a record which must be retained under the political subdivision’s retention schedule or the state archive’s retention schedule shall transfer it to the state archives for safekeeping and management.(3)(3)(a) It is unlawful for a person to intentionally mutilate, destroy, or to otherwise damage or dispose of the record copy of a record knowing that the mutilation, destruction, damage, or disposal is in contravention of:(3)(a)(i) a governmental entity’s properly adopted retention schedule; or(3)(a)(ii) if no retention schedule has been properly adopted by the governmental entity, the model retention schedule, as provided in Section63G-2-604 .(3)(b) Violation of this Subsection(3) is a class B misdemeanor.(3)(c) An employee of a governmental entity that violates this Subsection(3) may be subject to disciplinary action as provided under Section63G-2-804 .