Utah Code 76-8-508.3. Retaliation against a witness, victim, or informant

(1)

As used in this section:

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Terms Used In Utah Code 76-8-508.3

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 Property: includes both real and personal property. See Utah Code 68-3-12.5
(a)	A person is “closely associated” with a witness, victim, or informant if the person is a member of the witness’, victim’s, or informant’s family, has a close personal or business relationship with the witness or victim, or resides in the same household with the witness, victim, or informant.

(b)	“Harm” means physical, emotional, or economic injury or damage to a person or to his property, reputation, or business interests.

(2)

A person is guilty of the third degree felony of retaliation against a witness, victim, or informant if, believing that an official proceeding or investigation is pending, is about to be instituted, or has been concluded, he:

(a)

(i)	makes a threat of harm; or

(ii)	causes harm; and

(b)

directs the threat or action:

(i)	against a witness or an informant regarding any official proceeding, a victim of any crime, or any person closely associated with a witness, victim, or informant; and

(ii)	as retaliation or retribution against the witness, victim, or informant.

(3)	This section does not prohibit any person from seeking any legal redress to which the person is otherwise entitled.

(4)	The offense of retaliation against a witness, victim, or informant under this section does not merge with any other substantive offense committed in the course of committing any offense under this section.

Enacted by Chapter 140, 2004 General Session

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