(1)  A person is guilty of a class B misdemeanor if the person:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 75-2a-118

  • Adult: means an individual who is:
    (a) at least 18 years old; or
    (b) an emancipated minor. See Utah Code 75-2a-103
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75-2a-103
  • Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75-2a-103
  • Person: means :Utah Code 68-3-12.5
  • Surrogate: means a health care decision maker who is:
    (a) an appointed agent;
    (b) a default surrogate under the provisions of Section 75-2a-108; or
    (c) a guardian. See Utah Code 75-2a-103
    (a)  willfully conceals, cancels, defaces, obliterates, or damages a health care directive of another without the declarant‘s consent; or

    (b)  falsifies, forges, or alters a health care directive or a revocation of the health care directive of another person.
  • (2)  A person is guilty of criminal homicide if:

    (a)  the person:

    (i)  falsifies or forges the health care directive of an adult; or

    (ii)  willfully conceals or withholds personal knowledge of:

    (A)  the existence of a health care directive;

    (B)  the revocation of a health care directive; or

    (C)  the disqualification of a surrogate; and

    (b)  the actions described in Subsection (2)(a) cause a withholding or withdrawal of life sustaining procedures contrary to the wishes of a declarant resulting in the death of the declarant.

    Amended by Chapter 107, 2008 General Session