Utah Code § 76-8-510.5

Current through the 2024 Fourth Special Session
Section 76-8-510.5 - Tampering with evidence
(1)
(a) As used in this section, "thing or item" includes any document, record book, paper, file, electronic compilation, or other evidence.
(b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.
(2) An actor commits tampering with evidence if the actor:
(a)
(i) believes that an official proceeding or investigation is pending or about to be instituted; or
(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
(b) knowingly or intentionally:
(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
(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)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.
(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 Section 76-8-306.

Utah Code § 76-8-510.5

Amended by Chapter 96, 2024 General Session ,§ 101, eff. 5/1/2024.
Amended by Chapter 167, 2014 General Session ,§ 4, eff. 5/13/2014.
Amended by Chapter 110, 2007 General Session