Utah Code 76-8-504.5. Making a false statement to be used in a preliminary hearing
Current as of: 2024 | Check for updates
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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 A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 76-8-504.5
- 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
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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 false statement to be used in a preliminary hearing if the actor makes a false statement that:(2)(a) the actor does not believe to be true;(2)(b) the actor has reason to believe will be used in a preliminary hearing; and(2)(c) the actor made after having been notified either verbally or in writing that:(2)(c)(i) the statement may be used in a preliminary hearing before a magistrate or a judge; and(2)(c)(ii) if the actor makes a false statement after having received this notification, the actor is subject to a criminal penalty.(3) A violation of Subsection (2) is a class A misdemeanor.(4) 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.(5) A notification under Subsection (2)(c) is sufficient if the notification is verbal or written and is in substantially the following form: “You are notified that statements you are about to make may be presented to a magistrate or a judge in lieu of your sworn testimony at a preliminary examination. Any false statement you make and that you do not believe to be true may subject you to criminal punishment as a class A misdemeanor.”