76-8-504. Making a written false statement.

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

Effective 5/1/2024

(1)Terms defined in Sections 76-1-101.5 , 76-8-101 , and 76-8-501 apply to this section.

(2)An actor commits making a written false statement if:

(a)the actor makes a statement that the actor does not believe to be true on or under a form bearing a notification authorized by law to the effect that a false statement made therein is punishable; or

(b)with intent to deceive a public servant in the performance of the public servant's official function, the actor:

(i)makes a written false statement that the actor does not believe to be true;

(ii)knowingly creates a false impression in a written application for a pecuniary or other benefit by omitting information necessary to prevent a statement in the application from being misleading;

(iii)submits or invites reliance on a writing that the actor knows to be lacking in authenticity; or

(iv)submits or invites reliance on a sample, specimen, map, boundary mark, or other object that the actor knows to be false.

(a)Except as provided in Subsection (3)(b), a violation of Subsection

(2)is a class B misdemeanor.

(b)A violation of Subsection

(2)is a third degree felony if the false statement is on a financial declaration described in Section 77-38b-204 .

(a)An actor does not violate this section if the actor retracted the false statement before it became manifest that the falsity of the statement had been or would be exposed.

(b)It is not a defense to prosecution under this section that, if applicable, an oath or affirmation was administered or taken in an irregular manner.

Amended by Chapter 96 , 2024 General Session