76-8-504.5. Making a false statement to be used in a preliminary hearing.

249 words·~1 min read·/ut/title-76/chapter-8/76-8-504-5·

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 false statement to be used in a preliminary hearing if the actor makes a false statement that:

(a)the actor does not believe to be true;

(b)the actor has reason to believe will be used in a preliminary hearing; and

(c)the actor made after having been notified either verbally or in writing that:

(i)the statement may be used in a preliminary hearing before a magistrate or a judge; and

(ii)if the actor makes a false statement after having received this notification, the actor is subject to a criminal penalty.

(3)A violation of Subsection

(2)is a class A misdemeanor.

(4)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.

(5)A notification under Subsection (2)(c) is sufficient if the notification is verbal or written and is in substantially the following form: "You are notified that statements you are about to make may be presented to a magistrate or a judge in lieu of your sworn testimony at a preliminary examination. Any false statement you make and that you do not believe to be true may subject you to criminal punishment as a class A misdemeanor."

Amended by Chapter 96 , 2024 General Session