76-8-305. Interference with peace officer.
| (1) |
A person is guilty of a class B misdemeanor if the person knows, or by the exercise of reasonable care should have known, that a peace officer is seeking to effect a lawful arrest or detention of that person or another person and interferes with the arrest or detention by:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 76-8-305- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Arrest: Taking physical custody of a person by lawful authority.
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Peace officer: means an employee of a police or law enforcement agency that is part of or administered by the state or any of its political subdivisions, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions. See Utah Code 76-8-101
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (a) |
use of force or any weapon; |
| (b) |
refusing to perform any act required by lawful order:
| (i) |
necessary to effect the arrest or detention; and |
| (ii) |
made by a peace officer involved in the arrest or detention; or |
|
| (c) |
refusing to refrain from performing any act that would impede the arrest or detention. |
|
| (2) |
Recording the actions of a law enforcement officer with a camera, mobile phone, or other photographic device, while the officer is performing official duties in plain view, does not by itself constitute:
| (a) |
interference with the officer; |
| (c) |
disorderly conduct; or |
| (d) |
obstruction of justice. |
|
Amended by Chapter 312, 2017 General Session
