Utah Code 76-8-510.5. Tampering with evidence
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
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 76-8-510.5
- 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
- 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(1)(a) As used in this section, “thing or item” includes any document, record book, paper, file, electronic compilation, or other evidence.(1)(b) Terms defined in Sections76-1-101.5 ,76-8-101 , and76-8-501 apply to this section.(2) An actor commits tampering with evidence if the 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 or to prevent the production of a thing or item which reasonably would be anticipated to be evidence in the official proceeding or investigation; and(2)(b) knowingly or intentionally:(2)(b)(i) alters, destroys, conceals, or removes a thing or item with the purpose of impairing the veracity or availability of the thing or item in the proceeding or investigation; or(2)(b)(ii) makes, presents, or uses a thing or item which the actor knows to be false with the purpose of deceiving a public servant or other party who is or may be engaged in the proceeding or investigation.(3)(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.(3)(b) A violation of Subsection (2) is a third degree felony if the offense is committed in conjunction with an official proceeding.(4) Subsection (2) does not apply to any offense that amounts to a violation of Section76-8-306 . - Public servant: means :