39A-5-106.  Offenses against the state by individual not subject to chapter.
     An individual not subject to this chapter is guilty of an offense against the state if the individual willfully neglects or refuses to appear, refuses to qualify as a witness or to testify, or refuses to produce any evidence which the individual may have been legally subpoenaed to produce, after the individual has been:

(1)  subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before the court; and

Terms Used In Utah Code 39A-5-106

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
  • Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)  paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the district courts of the state.

Renumbered and Amended by Chapter 373, 2022 General Session

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