76-8-301. Interference with public servant.
| (1) |
An individual is guilty of interference with a public servant if the individual:
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 | | class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-8-301- Act: means a voluntary bodily movement and includes speech. 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public servant: means :Utah Code 76-1-101.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
uses force, violence, intimidation, or engages in any other unlawful act with a purpose to interfere with a public servant performing or purporting to perform an official function; |
| (b) |
obstructs, hinders, conceals, or prevents the lawful service of any legal process, civil or criminal, by any sheriff, constable, deputy sheriff, deputy constable, peace officer, private investigator, or any other person authorized to serve legal process; or |
| (c) |
on property that is owned, operated, or controlled by the state or a political subdivision of the state, willfully denies to a public servant lawful:
| (ii) |
use of the property or facilities; or |
| (iii) |
entry into or exit from the facilities. |
|
|
| (2) |
Interference with a public servant:
| (a) |
under Subsection (1)(a) or (b) is a class B misdemeanor; and |
| (b) |
under Subsection (1)(c) is a class C misdemeanor. |
|
| (3) |
For purposes of this section, “public servant” does not include jurors. |
Amended by Chapter 165, 2020 General Session
