Utah Code 76-8-502. Making a false or inconsistent material statement
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(1) Terms defined in Sections 76-1-101.5 , 76-8-101 , and 76-8-501 apply to this section.
Terms Used In Utah Code 76-8-502
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Material: means capable of affecting the course or outcome of an official proceeding, unless the individual who made the statement or provided the information retracts the statement or information before the earlier of:(2)(a) the end of the official proceeding in which the statement was made or the information was provided;(2)(b) when it becomes manifest that the false or misleading nature of the statement or information has been or will be exposed; or(2)(c) when the statement or information substantially affects the proceeding. See Utah Code 76-8-501
- Oath: A promise to tell the truth.
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) An actor commits making a false or inconsistent material statement if the actor:(2)(a) makes a false material statement under oath or affirmation or swears or affirms the truth of a material statement previously made and the actor does not believe the statement to be true; or(2)(b) makes inconsistent material statements under oath or affirmation, both within the period of limitations, one of which is false and the actor does not believe to be true.(3) A violation of Subsection (2) is a second degree felony.(4) It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner.(5)(5)(a) In a prosecution for a violation of Subsection (2)(a), the falsity of an actor’s statement may not be established solely through contradiction by the testimony of a single witness.(5)(b) In a prosecution for a violation of Subsection (2)(b), it need not be alleged or proved which of the statements are false but only that one or the other statement is false and not believed by the actor to be true.