76-6-511. Defrauding of creditors.
| (1) |
Terms defined in Section 76-1-101.5 apply to this section. |
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
For details, see
Utah Code § 76-3-204
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Terms Used In Utah Code 76-6-511
| (2) |
An actor commits defrauding of creditors if the actor:
| (a) |
destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with a purpose to hinder enforcement of that interest; or |
| (b) |
knowing that proceedings have been or are about to be instituted for the appointment of a person entitled to administer property for the benefit of creditors:
| (i) |
destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property with a purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; or |
| (ii) |
presents to any creditor or to an assignee for the benefit of creditors, orally or in writing, any statement relating to the debtor’s estate, knowing that a material part of such statement is false. |
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|
| (3) |
A violation of Subsection (2) is a class A misdemeanor. |
| (4) |
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. |
Amended by Chapter 111, 2023 General Session
