76-8-306.  Obstruction of justice in criminal investigations or proceedings — Elements — Penalties — Exceptions.

(1)  An actor commits obstruction of justice if the actor, with intent to hinder, delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of any person regarding conduct that constitutes a criminal offense:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
first degree felony5 years to lifeup to $10,000
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-203 and Utah Code § 76-3-204
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Terms Used In Utah Code 76-8-306

  • 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
  • Conduct: means an act or omission. See Utah Code 76-1-101.5
  • Conviction: A judgement of guilt against a criminal defendant.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Juror: A person who is on the jury.
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See 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
  • Statute: A law passed by a legislature.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)  provides any person with a weapon;

(b)  prevents by force, intimidation, or deception, any person from performing any act that might aid in the discovery, apprehension, prosecution, conviction, or punishment of any person;

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

(d)  makes, presents, or uses any item or thing known by the actor to be false;

(e)  harbors or conceals a person;

(f)  provides a person with transportation, disguise, or other means of avoiding discovery or apprehension;

(g)  warns any person of impending discovery or apprehension;

(h)  warns any person of an order authorizing the interception of wire communications or of a pending application for an order authorizing the interception of wire communications;

(i)  conceals information that is not privileged and that concerns the offense, after a judge or magistrate has ordered the actor to provide the information; or

(j)  provides false information regarding a suspect, a witness, the conduct constituting an offense, or any other material aspect of the investigation.

(2) 

(a)  As used in this section, “conduct that constitutes a criminal offense” means conduct that would be punishable as a crime and is separate from a violation of this section, and includes:

(i)  any violation of a criminal statute or ordinance of this state, its political subdivisions, any other state, or any district, possession, or territory of the United States; and

(ii)  conduct committed by a juvenile which would be a crime if committed by an adult.

(b)  A violation of a criminal statute that is committed in another state, or any district, possession, or territory of the United States, is a:

(i)  capital felony if the penalty provided includes death or life imprisonment without parole;

(ii)  a first degree felony if the penalty provided includes life imprisonment with parole or a maximum term of imprisonment exceeding 15 years;

(iii)  a second degree felony if the penalty provided exceeds five years;

(iv)  a third degree felony if the penalty provided includes imprisonment for any period exceeding one year; and

(v)  a misdemeanor if the penalty provided includes imprisonment for any period of one year or less.

(3)  Obstruction of justice is:

(a)  a second degree felony if the conduct which constitutes an offense would be a capital felony or first degree felony;

(b)  a third degree felony if:

(i)  the conduct that constitutes an offense would be a second or third degree felony and the actor violates Subsection (1)(b), (c), (d), (e), or (f);

(ii)  the conduct that constitutes an offense would be any offense other than a capital or first degree felony and the actor violates Subsection (1)(a);

(iii)  the obstruction of justice is presented or committed before a court of law; or

(iv)  a violation of Subsection (1)(h); or

(c)  a class A misdemeanor for any violation of this section that is not enumerated under Subsection (3)(a) or (b).

(4)  It is not a defense that the actor was unaware of the level of penalty for the conduct constituting an offense.

(5)  Subsection (1)(e) does not apply to harboring a juvenile offender, as defined in Section 80-1-102, which is governed by Section 76-8-311.5.

(6)  Subsection (1)(b) does not apply to:

(a)  tampering with a juror, which is governed by Section 76-8-508.5;

(b)  influencing, impeding, or retaliating against a judge or member of the Board of Pardons and Parole, which is governed by Section 76-8-316;

(c)  tampering with a witness or soliciting or receiving a bribe, which is governed by Section 76-8-508;

(d)  retaliation against a witness, victim, or informant, which is governed by Section 76-8-508.3; or

(e)  extortion or bribery to dismiss a criminal proceeding, which is governed by Section 76-8-509.

(7)  Notwithstanding Subsection (1), (2), or (3), an actor commits a third degree felony if the actor harbors or conceals an offender who has escaped from official custody as defined in Section 76-8-309.

Amended by Chapter 262, 2021 General Session