Terms Used In Utah Code 76-8-503

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• False statement: includes a false unsworn declaration, with "unsworn declaration" being defined in Section 78B-18a-102. 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; (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 Public servant: means :Utah Code 76-1-101.5 (a)  the person makes a false statement under oath or affirmation or swears or affirms the truth of the statement previously made and the person does not believe the statement to be true if: (i)  the falsification occurs in an official proceeding, or is made with a purpose to mislead a public servant in performing the public servant’s official functions; or (ii)  the statement is one that is authorized by law to be sworn or affirmed before a notary or other person authorized to administer oaths; or (b)  the person makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by the person to be true.

  (2)	Subsection (1) does not include obstructing a legislative proceeding, as described in Section 36-12-9.5.

  (3)	A person is not guilty under this section if the person retracts the falsification before it becomes manifest that the falsification has been or will be exposed.

  Amended by Chapter 167, 2014 General Session