Utah Code 76-8-508.3. Retaliation against a witness, victim, or informant
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(1)
Terms Used In Utah Code 76-8-508.3
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- 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
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) As used in this section:(1)(a)(i) “An individual closely associated with a witness, victim, or informant” means an individual who is a member of the witness’s, victim’s, or informant’s family, has a close personal or business relationship with the witness or victim, or resides in the same household with the witness, victim, or informant.(1)(a)(ii) “Harm” means physical, emotional, or economic injury or damage to a person or to his property, reputation, or business interests.(1)(b) Terms defined in Sections76-1-101.5 ,76-8-101 , and76-8-501 apply to this section.(2) An actor commits retaliation against a witness, victim, or informant if the actor:(2)(a) believes that an official proceeding or investigation is pending, is about to be brought, or has been concluded;(2)(b) makes a threat of harm or causes harm; and(2)(c) directs the threat or action causing harm as retaliation or retribution against a witness or an informant involved in an official proceeding, a victim of a crime, or an individual closely associated with a witness, victim, or informant.(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.(5) This section does not prohibit an individual from seeking other legal redress to which the individual is otherwise entitled.