Utah Code 76-8-501. Definitions

76-8-501. Definitions.
As used in this part:

(1)	“False statement” includes a false unsworn declaration, with “unsworn declaration” being defined in Section 78B-18a-102.

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Terms Used In Utah Code 76-8-501

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Oath: includes "affirmation. See Utah Code 68-3-12.5
Oath: A promise to tell the truth.
Official proceeding: means :

(a)

any proceeding before:

(i)	a legislative, judicial, administrative, or other governmental body or official authorized by law to take evidence under oath or affirmation;

(ii)	a notary; or

(iii)

a person that takes evidence in connection with a proceeding described in Subsection (3)(a)(i);

(b)	any civil or administrative action, trial, examination under oath, administrative proceeding, or other civil or administrative adjudicative process; or

(c)

an investigation or audit conducted by:

(i)	the Legislature, or a house, committee, subcommittee, or task force of the Legislature; or

(ii)

an employee or independent contractor of an entity described in Subsection (3)(c)(i), at or under the direction of an entity described in Subsection (3)(c)(i). See Utah Code 76-8-501

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

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2)

“Material” means capable of affecting the course or outcome of an official proceeding, unless the person who made the statement or provided the information retracts the statement or information before the earlier of:

(a)	the end of the official proceeding in which the statement was made or the information was provided;

(b)	when it becomes manifest that the false or misleading nature of the statement or information has been or will be exposed; or

(c)	when the statement or information substantially affects the proceeding.

(3)

“Official proceeding” means:

(a)

any proceeding before:

(i)	a legislative, judicial, administrative, or other governmental body or official authorized by law to take evidence under oath or affirmation;

(ii)	a notary; or

(iii)

a person that takes evidence in connection with a proceeding described in Subsection (3)(a)(i);

(b)	any civil or administrative action, trial, examination under oath, administrative proceeding, or other civil or administrative adjudicative process; or

(c)

an investigation or audit conducted by:

(i)	the Legislature, or a house, committee, subcommittee, or task force of the Legislature; or

(ii)	an employee or independent contractor of an entity described in Subsection (3)(c)(i), at or under the direction of an entity described in Subsection (3)(c)(i).

Amended by Chapter 298, 2018 General Session

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