Utah Code 76-8-508. Tampering with a witness
Current as of: 2024 | Check for updates
|
Other versions
(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 76-8-508
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Official proceeding: means :(3)(a) a proceeding before:(3)(a)(i) a legislative, judicial, administrative, or other governmental body or official authorized by law to take evidence under oath or affirmation;(3)(a)(ii) a notary; or(3)(a)(iii) an individual who takes evidence in connection with a proceeding described in Subsection (3)(a)(i);(3)(b) a civil or administrative action, trial, examination under oath, administrative proceeding, or other civil or administrative adjudicative process; or(3)(c) an investigation or audit conducted by:(3)(c)(i) the Legislature, or a house, committee, subcommittee, or task force of the Legislature; or(3)(c)(ii) an employee or independent contractor of an entity described in Subsection (3)(c)(i), at or under the direction of an entity described in Subsection (3)(c)(i). See Utah Code 76-8-501
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) An actor commits tampering with a witness ifthe actor:(2)(a)(2)(a)(i) believes that an official proceeding or investigation is pending or about to be instituted; or(2)(a)(ii) intends to prevent an official proceeding or investigation; and(2)(b) attempts to induce or otherwise cause another individual to:(2)(b)(i) testify or inform falsely;(2)(b)(ii) withhold testimony, information, a document, or an item;(2)(b)(iii) elude legal process summoning the individual to provide evidence; or(2)(b)(iv) absent the individual from a proceeding or investigation to which the individual has been summoned.(3) A violation of Subsection (2) is a third degree felony.(4) A violation under this section does not merge with another substantive offense committed in the course of violating this section.