(1)  As used in this section, “legislative proceeding” means an investigation or audit conducted by:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 36-12-9.5

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Person: means :Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Service of process: The service of writs or summonses to the appropriate party.
  • Subpoena: A command to a witness to appear and give testimony.
(a)  the Legislature, or a house, committee, subcommittee, or task force of the Legislature; or

(b)  an employee or independent contractor of an entity described in Subsection (1)(a), at or under the direction of an entity described in Subsection (1)(a).

(2)  Except as described in Subsection (3), a person is guilty of a class A misdemeanor if the person, with intent to hinder, delay, or prevent a legislative proceeding:

(a)  provides a person with a weapon;

(b)  prevents a person, by force, intimidation, or deception, from performing any act that might aid the legislative proceeding;

(c)  alters, destroys, conceals, or removes any item or other thing;

(d)  makes, presents, or uses an item, document, or thing known by the person to be false;

(e)  makes a false material statement, not under oath, to:

(i)  the Legislature, or a house, committee, subcommittee, or task force of the Legislature; or

(ii)  an employee or independent contractor of an entity described in Subsection (2)(e)(i);

(f)  harbors or conceals a person;

(g)  provides a person with transportation, disguise, or other means of avoiding discovery or service of process;

(h)  warns any person of impending discovery or service of process;

(i)  conceals an item, information, document, or thing that is not privileged after a legislative subpoena is issued for the item, information, document, or thing; or

(j)  provides false information regarding a witness or a material aspect of the legislative proceeding.

(3)  Subsection (2) does not include:

(a)  false or inconsistent material statements, as described in Section 76-8-502;

(b)  tampering with a witness or soliciting or receiving a bribe, as described in Section 76-8-508;

(c)  retaliation against a witness, victim, or informant, as described in Section 76-8-508.3; or

(d)  extortion or bribery to dismiss a criminal proceeding, as described in Section 76-8-509.

Enacted by Chapter 167, 2014 General Session