Utah Code 76-8-203. Unofficial misconduct
Current as of: 2024 | Check for updates
|
Other versions
(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 B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-8-203
- 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
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) An actor commits unofficial misconduct if the actor exercises or attempts to exercise any of the functions of a public office when the actor:(2)(a) has not taken and filed the required oath of office;(2)(b) has failed to execute and file a required bond;(2)(c) has not been elected or appointed to office;(2)(d) exercises any of the functions of the actor’s office after the actor’s term has expired and the successor has been elected or appointed and has qualified, or after the actor’s office has been legally removed; or(2)(e) knowingly:(2)(e)(i) withholds or retains from the actor’s successor in office, or other person entitled to possession, the official seal or a record, paper, document, or other writing appertaining or belonging to the actor’s office; or(2)(e)(ii) mutilates, destroys, or takes away the official seal or a record, paper, document, or other writing appertaining or belonging to the actor’s office.(3) A violation of Subsection (2) is a class B misdemeanor.