Utah Code 76-8-305. Interference with a peace officer
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 B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-8-305
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Peace officer: means an employee of a police or law enforcement agency that is part of or administered by the state or a political subdivision of the state, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or a political subdivision of the state. See Utah Code 76-8-101
(2) An actor commits interference with a peace officer if the actor:
(2)(a) knows, or by the exercise of reasonable care should have known, that a peace officer is seeking to effect a lawful arrest or detention of the actor or another individual; and
(2)(b) interferes with the arrest or detention by:
(2)(b)(i) use of force or a weapon;
(2)(b)(ii) refusing to perform an act required by lawful order:
(2)(b)(ii)(A) necessary to effect the arrest or detention; and
(2)(b)(ii)(B) made by a peace officer involved in the arrest or detention; or
(2)(b)(iii) refusing to refrain from performing an act that would impede the arrest or detention.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) Recording the actions of a peace officer with a camera, mobile phone, or other photographic device, while the peace officer is performing official duties in plain view, does not by itself constitute:
(4)(a) interference with the peace officer;
(4)(b) willful resistance;
(4)(c) disorderly conduct; or
(4)(d) obstruction of justice.