10-3-1304 - Use of office for personal benefit prohibited. - Utah Statutes

10-3-1304. Use of office for personal benefit prohibited.
(1) As used in this section, "economic benefit tantamount to a gift" includes:
(a) a loan at an interest rate that is substantially lower than the commercial rate thencurrently prevalent for similar loans; and
(b) compensation received for private services rendered at a rate substantially exceedingthe fair market value of the services.
(2) It is an offense for an elected or appointed officer or municipal employee, undercircumstances not amounting to a violation of Section 63G-6-1001 or 76-8-105, to:
(a) disclose or improperly use private, controlled, or protected information acquired byreason of the officer's or employee's official position or in the course of official duties in order tofurther substantially the officer's or employee's personal economic interest or to secure specialprivileges or exemptions for the officer or employee or for others;
(b) use or attempt to use the officer's or employee's official position to:
(i) further substantially the officer's or employee's personal economic interest; or
(ii) secure special privileges for the officer or employee or for others; or
(c) knowingly receive, accept, take, seek, or solicit, directly or indirectly, for the officeror employee or for another, a gift of substantial value or a substantial economic benefittantamount to a gift that:
(i) would tend improperly to influence a reasonable person in the person's position todepart from the faithful and impartial discharge of the person's public duties; or
(ii) the person knows or that a reasonable person in that position should know under thecircumstances is primarily for the purpose of rewarding the person for official action taken.
(3) Subsection (2)(c) does not apply to:
(a) an occasional nonpecuniary gift having a value of less than $50;
(b) an award publicly presented in recognition of public services;
(c) any bona fide loan made in the ordinary course of business; or
(d) a political campaign contribution.

Amended by Chapter 382, 2008 General Session