Utah Code 76-6-503.5. Wrongful liens

76-6-503.5. Wrongful liens.

(1)

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Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Lien: A claim against real or personal property in satisfaction of a debt.
Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
Property: includes both real and personal property. See Utah Code 68-3-12.5

(a)

As used in this section, “lien” means:

(i)	an instrument or document filed pursuant to Section 70A-9a-516;

(ii)	a nonconsensual common law document as defined in Section 38-9-102;

(iii)

a wrongful lien as defined in Section 38-9-102; or

(iv)	any instrument or document that creates or purports to create a lien or encumbrance on an owner’s interest in real or personal property or a claim on another’s assets.

(b)	Terms defined in Section 76-1-101.5 apply to this section.

(2)

An actor commits the crime of wrongful lien if the actor knowingly makes, utters, records, or files a lien:

(a)	having no objectively reasonable basis to believe that the actor has a present and lawful property interest in the property or a claim on the assets; or

(b)	if the actor files the lien in violation of a civil wrongful lien injunction pursuant to Title 38, Chapter 9a, Wrongful Lien Injunctions.

(3)

(a)	Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.

(b)	If an actor has been previously convicted of an offense under this section or Section 76-6-503.6, a violation of Subsection (2) is a second degree felony.

(4)	This section does not prohibit prosecution for any act in violation of Section 76-8-414 or for any offense greater than an offense under this section.

(5)	This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.

(6)	The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.

Amended by Chapter 111, 2023 General Session