Utah Code 76-8-202. Official misconduct concerning inside information
Current as of: 2024 | Check for updates
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(1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
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 76-8-202
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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 concerning inside information if:(2)(a) the actor is a public servant; and(2)(b) knowing that official action is contemplated, or in reliance on information that the actor has acquired by virtue of the actor’s office or from another public servant, which information has not been made public, the actor:(2)(b)(i) acquires or divests the actor’s self of a pecuniary interest in any property, transaction, or enterprise that may be affected by such action or information;(2)(b)(ii) speculates or wagers on the basis of such action or information; or(2)(b)(iii) knowingly aids another person to do an action described in Subsection (2)(b)(i) or (2)(b)(ii).(3) A violation of Subsection (2) is a class A misdemeanor.