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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.
(2) An actor commits making a false statement to be used in a preliminary hearing if the actor makes a false statement that:
(a) the actor does not believe to be true;
(b) the actor has reason to believe will be used in a preliminary hearing; and
(c) the actor made after having been notified either verbally or in writing that:
(i) the statement may be used in a preliminary hearing before a magistrate or a judge; and
(ii) if the actor makes a false statement after having received this notification, the actor is subject to a criminal penalty.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) It is not a defense to prosecution under this section that, if applicable, an oath or affirmation was administered or taken in an irregular manner.
(5) A notification under Subsection (2)(c) is sufficient if the notification is verbal or written and is in substantially the following form: “You are notified that statements you are about to make may be presented to a magistrate or a judge in lieu of your sworn testimony at a preliminary examination. Any false statement you make and that you do not believe to be true may subject you to criminal punishment as a class A misdemeanor.”
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-8-504.5. Making a false statement to be used in a preliminary hearing - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-8-504-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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