76-6-503.5 - Wrongful liens and fraudulent handling of recordable writings -- Penalties. - Utah Statutes

76-6-503.5. Wrongful liens and fraudulent handling of recordable writings --Penalties.
(1) "Lien" means:
(a) an instrument or document filed pursuant to Section 70A-9a-516;
(b) an instrument or document described in Subsection 38-9-1(6); and
(c) any instrument or document that creates or purports to create a lien or encumbranceon an owner's interest in real or personal property or a claim on another's assets.
(2) A person is guilty of the crime of wrongful lien if that person knowingly makes,utters, records, or files a lien:
(a) having no objectively reasonable basis to believe he has a present and lawful propertyinterest in the property or a claim on the assets; or
(b) if the person files the lien in violation of a civil wrongful lien injunction pursuant toTitle 38, Chapter 9a, Wrongful Lien Injunctions.
(3) A violation of this section is a third degree felony unless the person has beenpreviously convicted of an offense under this section, in which case the violation is a seconddegree felony.
(4) (a) Any person who with intent to deceive or injure anyone falsifies, destroys,removes, records, or conceals any will, deed, mortgage, security instrument, lien, or other writingfor which the law provides public recording is guilty of fraudulent handling of recordablewritings.
(b) A violation of Subsection (4)(a) is a third degree felony unless the person has beenpreviously convicted of an offense under this section, in which case the violation is a seconddegree felony.
(5) This section does not prohibit prosecution for any act in violation of Section76-8-414 or for any offense greater than an offense under this section.

Enacted by Chapter 93, 2005 General Session