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Terms Used In Utah Code 76-8-404

  • Fiduciary: A trustee, executor, or administrator.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public officer: means :Utah Code 76-1-101.5
  • Public property: includes real or personal property that is owned, held, or managed by a public entity after the real or personal property is transferred by the public entity to an independent contractor of the public entity. See Utah Code 76-8-101
76-8-404.  Making profit from or misusing public money or public property — Disqualification from office — Criminal penalty.
     A public officer, regardless of whether the public officer receives, safekeeps, transfers, disburses, or has a fiduciary relationship with public money, who makes a profit from or out of public money or public property, or who uses public money or public property in a manner or for a purpose not authorized by law and is convicted of a felony under Section 76-8-402 is, in addition to the punishment provided by law, disqualified from holding public office.

Amended by Chapter 61, 2020 General Session