63G-2-801 - Criminal penalties. - Utah Statutes

63G-2-801. Criminal penalties.
(1) (a) A public employee or other person who has lawful access to any private,controlled, or protected record under this chapter, and who intentionally discloses, provides acopy of, or improperly uses a private, controlled, or protected record knowing that the disclosureor use is prohibited under this chapter, is guilty of a class B misdemeanor.
(b) It is a defense to prosecution under Subsection (1)(a) that the actor used or releasedprivate, controlled, or protected information in the reasonable belief that the use or disclosure ofthe information was necessary to expose a violation of law involving government corruption,abuse of office, or misappropriation of public funds or property.
(c) It is a defense to prosecution under Subsection (1)(a) that the record could havelawfully been released to the recipient if it had been properly classified.
(2) (a) A person who by false pretenses, bribery, or theft, gains access to or obtains acopy of any private, controlled, or protected record to which the person is not legally entitled isguilty of a class B misdemeanor.
(b) No person shall be guilty under Subsection (2)(a) who receives the record,information, or copy after the fact and without prior knowledge of or participation in the falsepretenses, bribery, or theft.
(3) A public employee who intentionally refuses to release a record the disclosure ofwhich the employee knows is required by law or by final unappealed order from a governmentalentity, the records committee, or a court, is guilty of a class B misdemeanor.

Renumbered and Amended by Chapter 382, 2008 General Session