76-8-510.5. Tampering with evidence.
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/ut/title-76/chapter-8/76-8-510-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/1/2024
76-8-510.5. Tampering with evidence.
(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:
(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.
(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 .
Amended by Chapter 96 , 2024 General Session