Utah Code 76-8-308. Acceptance of bribe or bribery to prevent criminal prosecution
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 76-8-308
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Offense: means a violation of any penal statute of this state. 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) An actor commits acceptance of bribe or bribery to prevent criminal prosecution if the actor:
(2)(a) solicits, accepts, or agrees to accept any benefit as consideration for the actor’s refraining from initiating or aiding in a criminal prosecution; or
(2)(b) confers, offers, or agrees to confer any benefit upon a person as consideration for the person refraining from initiating or aiding in a criminal prosecution.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) It is an affirmative defense that the value of the benefit did not exceed an amount that the actor believed to be due as restitution or indemnification for the loss caused or to be caused by the offense.