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Current as of January 01, 2025 | Updated by Findlaw Staff
(1)(a) As used in this section, “thing or item” includes any document, record book, paper, file, electronic compilation, or other evidence.
(b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.
(2) An actor commits tampering with evidence if the actor:
(a)(i) believes that an official proceeding or investigation is pending or about to be instituted; or
(ii) intends to prevent an official proceeding or investigation or to prevent the production of a thing or item which reasonably would be anticipated to be evidence in the official proceeding or investigation; and
(b) knowingly or intentionally:
(i) alters, destroys, conceals, or removes a thing or item with the purpose of impairing the veracity or availability of the thing or item in the proceeding or investigation; or
(ii) makes, presents, or uses a thing or item which the actor knows to be false with the purpose of deceiving a public servant or other party who is or may be engaged in the proceeding or investigation.
(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.
(b) A violation of Subsection (2) is a third degree felony if the offense is committed in conjunction with an official proceeding.
(4) Subsection (2) does not apply to any offense that amounts to a violation of Section 76-8-306.
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-8-510.5. Tampering with evidence - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-8-510-5/
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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