Utah Code 76-8-201. Official misconduct — Unauthorized acts or failure of duty

(1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

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

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Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
Public servant: means :
          (16)(a)(i) a public officer;
          (16)(a)(ii) an appointed official, employee, consultant, or independent contractor of a public entity; or
          (16)(a)(iii) a person hired or paid by a public entity to perform a government function. See Utah Code 76-1-101.5

(2) An actor commits official misconduct based on an unauthorized act or failure of duty if the actor:

(2)(a) is a public servant; and

(2)(b) with an intent to benefit the actor or another or to harm another, the actor knowingly:

(2)(b)(i) commits an unauthorized act that purports to be an act of the actor’s office; or

(2)(b)(ii) knowingly refrains from performing a duty imposed on the actor by law or clearly inherent in the nature of the actor’s office.

(3) A violation of Subsection (2) is a class B misdemeanor.