Utah Code 81-2-305. Who may solemnize marriages — Certificate
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(1) The following individuals may solemnize a marriage:
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 81-2-305
- County clerk: means :(1)(a) the county clerk of the county; or(1)(b) an employee or designee of the county clerk who is authorized to issue marriage licenses or solemnize marriages. See Utah Code 81-2-301
- County executive: means :
(7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(7)(b) the county executive, in the county executive-council optional form of government authorized by Section17-52a-203 ; or(7)(c) the county manager, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Court: means :
(2)(a) a judge; or(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101- Native American spiritual advisor: includes a sweat lodge leader, medicine person, traditional religious practitioner, or holy man or woman. See Utah Code 81-2-301
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) an individual 18 years old or older who is authorized by a religious denomination to solemnize a marriage;(1)(b) a Native American spiritual advisor;(1)(c) the governor;(1)(d) the lieutenant governor;(1)(e) the state attorney general;(1)(f) the state treasurer;(1)(g) the state auditor;(1)(h) a mayor of a municipality or county executive;(1)(i) a justice, judge, or commissioner of a court of record;(1)(j) a judge of a court not of record of the state;(1)(k) a judge or magistrate of the United States;(1)(l) the county clerk of any county in the state or the county clerk’s designee as authorized by Section17-20-4 ;(1)(m) a senator or representative of the Utah Legislature;(1)(nn) a member of the state’s congressional delegation; or(1)(oo) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.(2) An individual authorized under Subsection (1) who solemnizes a marriage shall give to the couple married a certificate of marriage that shows the:(2)(a) name of the county from which the license is issued; and(2)(b) date of the license’s issuance.(3) Except for an individual described in Subsection (1)(l), an individual described in Subsection (1) has discretion to solemnize a marriage.(4) Except as provided in Section17-20-4 and Subsection (1)(l), and notwithstanding any other provision in law, no individual authorized under Subsection (1) to solemnize a marriage may delegate or deputize another individual to perform the function of solemnizing a marriage.(5)(5)(a) Within 30 days after the day on which a marriage is solemnized, the individual solemnizing the marriage shall return the marriage license to the county clerk that issued the marriage license with a certificate of the marriage over the individual’s signature stating the date and place of solemnization and the names of two or more witnesses present at the marriage.(5)(b) An individual described in Subsection (5)(a) who fails to return the license is guilty of an infraction.(5)(c) An individual described in Subsection (5)(a) who knowingly or intentionally makes a false statement on a certificate of marriage is guilty of perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.(6)(6)(a) An individual is guilty of a third degree felony if the individual knowingly:(6)(a)(i) solemnizes a marriage without a valid marriage license; or(6)(a)(ii) solemnizes a marriage in violation of this section.(6)(b) An individual is guilty of a class A misdemeanor if the individual knowingly, with or without a marriage license, solemnizes a marriage between two individuals who are 18 years old or older that is prohibited by law. - County executive: means :