Utah Code 75-2a-118. Illegal destruction or falsification of health care directive
Current as of: 2024 | Check for updates
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(1) A person is guilty of a class B misdemeanor if the person:
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 B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 75-2a-118
- Adult: means an individual who is:(1)(a) at least 18 years old; or(1)(b) an emancipated minor. See Utah Code 75-2a-103
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75-2a-103
- Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75-2a-103
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Surrogate: means a health care decision maker who is:
(23)(a) an appointed agent;(23)(b) a default surrogate under the provisions of Section75-2a-108 ; or(23)(c) a guardian. See Utah Code 75-2a-103(1)(a) willfully conceals, cancels, defaces, obliterates, or damages a health care directive of another without the declarant‘s consent; or(1)(b) falsifies, forges, or alters a health care directive or a revocation of the health care directive of another person.(2) A person is guilty of criminal homicide if:(2)(a) the person:(2)(a)(i) falsifies or forges the health care directive of an adult; or(2)(a)(ii) willfully conceals or withholds personal knowledge of:(2)(a)(ii)(A) the existence of a health care directive;(2)(a)(ii)(B) the revocation of a health care directive; or(2)(a)(ii)(C) the disqualification of a surrogate; and(2)(b) the actions described in Subsection(2)(a) cause a withholding or withdrawal of life sustaining procedures contrary to the wishes of a declarant resulting in the death of the declarant.