76-8-510.5 - Tampering with evidence -- Definitions -- Elements -- Penalties. - Utah Statutes

76-8-510.5. Tampering with evidence -- Definitions -- Elements -- Penalties.
(1) As used in this section:
(a) "Official proceeding" includes any civil or administrative action, trial, examinationunder oath, administrative proceeding, or other civil or administrative adjudicative process.
(b) "Thing or item" includes any document, record book, paper, file, electroniccompilation, or other evidence.
(2) A person is guilty of tampering with evidence if, believing that an official proceedingor investigation is pending or about to be instituted, or with the intent to prevent an officialproceeding or investigation or to prevent the production of any thing or item which reasonablywould be anticipated to be evidence in the official proceeding or investigation, the personknowingly or intentionally:
(a) alters, destroys, conceals, or removes any thing or item with the purpose of impairingthe veracity or availability of the thing or item in the proceeding or investigation; or
(b) makes, presents, or uses any thing or item which the person knows to be false withthe purpose of deceiving a public servant or any other party who is or may be engaged in theproceeding or investigation.
(3) Subsection (2) does not apply to any offense that amounts to a violation of Section76-8-306.
(4) (a) Tampering with evidence is a third degree felony if the offense is committed inconjunction with an official proceeding.
(b) Any violation of this section except under Subsection (4)(a) is a class Amisdemeanor.

Amended by Chapter 110, 2007 General Session