(1)  A person is guilty of the third degree felony of tampering with a witness if, believing that an official proceeding or investigation is pending or about to be instituted, or with the intent to prevent an official proceeding or investigation, he attempts to induce or otherwise cause another person to:

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Terms Used In Utah Code 76-8-508

  • 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.
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • (a)  testify or inform falsely;

    (b)  withhold any testimony, information, document, or item;

    (c)  elude legal process summoning him to provide evidence; or

    (d)  absent himself from any proceeding or investigation to which he has been summoned.

    (2)  A person is guilty of the third degree felony of soliciting or receiving a bribe as a witness if he solicits, accepts, or agrees to accept any benefit in consideration of his doing any of the acts specified under Subsection (1).

    (3)  The offense of tampering with a witness or soliciting or receiving a bribe under this section does not merge with any other substantive offense committed in the course of committing any offense under this section.

    Amended by Chapter 140, 2004 General Session