Utah Code 76-8-504. Making a written false 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.
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 76-8-504
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- False statement: includes a false unsworn declaration. See Utah Code 76-8-501
- 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
- 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 making a written false statement if:(2)(a) the actor makes a statement that the actor does not believe to be true on or under a form bearing a notification authorized by law to the effect that a false statement made therein is punishable; or(2)(b) with intent to deceive a public servant in the performance of the public servant’s official function, the actor:(2)(b)(i) makes a written false statement that the actor does not believe to be true;(2)(b)(ii) knowingly creates a false impression in a written application for a pecuniary or other benefit by omitting information necessary to prevent a statement in the application from being misleading;(2)(b)(iii) submits or invites reliance on a writing that the actor knows to be lacking in authenticity; or(2)(b)(iv) submits or invites reliance on a sample, specimen, map, boundary mark, or other object that the actor knows to be false.(3)(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.(3)(b) A violation of Subsection (2) is a third degree felony if the false statement is on a financial declaration described in Section77-38b-204 .(4)(4)(a) An actor does not violate this section if the actor retracted the false statement before it became manifest that the falsity of the statement had been or would be exposed.(4)(b) It is not a defense to prosecution under this section that, if applicable, an oath or affirmation was administered or taken in an irregular manner. - Writing: includes :