Utah Code 63G-6a-2404.7. Improper action against a public officer or employee involved in the procurement process
Current as of: 2024 | Check for updates
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Other versions
(1)
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 63G-6a-2404.7
- Allegation: something that someone says happened.
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
- 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(1)(a) It is unlawful for a person knowingly to threaten to make a false allegation against a public officer or employee, or knowingly to threaten to take a menacing or intimidating action against a public officer or employee, with the intent to:(1)(a)(i) prevent the officer or employee from performing a duty or responsibility that the officer or employee has under this chapter;(1)(a)(ii) influence the officer or employee to award a contract under this chapter to the person or take other action under this chapter in favor of the person; or(1)(a)(iii) retaliate against the officer or employee for:(1)(a)(iii)(A) not awarding a contract under this chapter to the person;(1)(a)(iii)(B) issuing a decision or taking an action under this chapter that is adverse to the person; or(1)(a)(iii)(C) performing a duty or responsibility the officer or employee has under this chapter.(1)(b) A violation of Subsection (1)(a) is a class A misdemeanor.
(2)
(2)(a) It is unlawful for a person knowingly to make a false allegation against a public officer or employee, or knowingly to take a menacing or intimidating action against a public officer or employee, with the intent to:
(2)(a)(i) prevent the officer or employee from performing a duty or responsibility that the officer or employee has under this chapter;
(2)(a)(ii) influence the officer or employee to award a contract under this chapter to the person or take other action under this chapter in favor of the person; or
(2)(a)(iii) retaliate against the officer or employee for:
(2)(a)(iii)(A) not awarding a contract under this chapter to the person;
(2)(a)(iii)(B) issuing a decision or taking an action under this chapter that is adverse to the person; or
(2)(a)(iii)(C) performing a duty or responsibility the officer or employee has under this chapter.
(2)(b) A violation of Subsection (2)(a) is a third degree felony.