32B-4-505. Obstructing a search, official proceeding, or investigation.

345 words·~2 min read·/ut/title-32b/chapter-4/32b-4-505

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)A person who is in the premises or has charge over premises may not refuse or fail to admit to the premises or obstruct the entry of any of the following who demands entry when acting under this title:

(a)a commissioner;

(b)an authorized representative of the commission or department; or

(c)a law enforcement officer.

(2)A person who is in the premises or has charge of the premises may not interfere with any of the following who is conducting an investigation under this title at the premises:

(a)a commissioner;

(b)an authorized representative of the commission or department; or

(c)a law enforcement officer.

(3)After receiving written notice of an official proceeding or investigation under Chapter 15, Alcoholic Product Liability Act , or a criminal proceeding or investigation for a violation of Section 41-6a-502 or 41-6a-517 , a person may not knowingly alter, destroy, conceal, or remove a record that is relevant to the official proceeding or investigation.

(4)A person who believes that an official proceeding or investigation is pending or about to be instituted under this title may not:

(a)alter, destroy, conceal, or remove a record with a purpose to impair the record's verity or availability in the proceeding or investigation; or

(b)make, present, or use anything that the person knows to be false with the purpose to deceive any of the following who may be engaged in the proceeding or investigation:

(i)a commissioner;

(ii)an authorized representative of the commission or department;

(iii)a law enforcement officer; or

(iv)another person.

(a)Except as provided in Subsection (5)(b) , a violation of Subsection

(1),

(2), or

(3)is a class B misdemeanor.

(b)A violation of Subsection

(3)is a class A misdemeanor if the record is relevant to an official proceeding or investigation for a violation of Section 32B-4-404 .

(c)A violation of Subsection

(4)is a class A misdemeanor.

Amended by Chapter 400 , 2023 General Session