A
person is guilty of a felony of the second degree if in any
official proceeding:
| (1) |
He makes a false material statement under oath or affirmation or swears or affirms the truth of a material statement previously made and he does not believe the statement to be true; or |
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| felony of the second degree | 1 to 15 years | up to $10,000 |
For details, see
Utah Code § 76-3-203
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Terms Used In Utah Code 76-8-502
- 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. See Utah Code 76-8-501- 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; |
| (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
|
| (2) |
He makes inconsistent material statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him to be true. |
Amended by Chapter 324, 1997 General Session
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