76-8-504. Written false statement.
| (1) |
An actor commits the offense of written false statement if:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-8-504- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- False statement: includes a false unsworn declaration, with "unsworn declaration" being defined in Section 78B-18a-102. See Utah Code 76-8-501
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Public servant: means :Utah Code 76-1-101.5
- Writing: includes :Utah Code 68-3-12.5
- written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5
| (a) |
the actor makes a statement that the actor does not believe to be true on or under a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or |
| (b) |
with intent to deceive a public servant in the performance of the public servant’s official function, the actor:
| (i) |
makes a written false statement that the actor does not believe to be true; |
| (ii) |
knowingly creates a false impression in a written application for a pecuniary or other benefit by omitting information necessary to prevent a statement in the application from being misleading; |
| (iii) |
submits or invites reliance on a writing that the actor knows to be lacking in authenticity; or |
| (iv) |
submits or invites reliance on a sample, specimen, map, boundary mark, or other object that the actor knows to be false. |
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|
| (2) |
| (a) |
Except as provided in Subsection (2)(b), a violation of Subsection (1) is a class B misdemeanor. |
| (b) |
A violation of Subsection (1) is a third degree felony if the false statement is on a financial declaration described in Section 77-38b-204. |
|
| (3) |
It is not an offense under this section if the actor retracts the falsification before it becomes manifest that the falsification was or would be exposed. |
Amended by Chapter 328, 2022 General Session
