Some Utah Criminal Code pertaining to possible grand jury investigations.
Utah Code - 77-37-3. Bill of rights.
(1) The bill of rights for victims and witnesses is:
(a) Victims and witnesses have a right to be informed as to the level of protection from intimidation and harm available to them, and from what sources, as they participate in criminal justice proceedings as designated by Section 76-8-508, regarding witness tampering, and Section 76-8-509, regarding threats against a victim. Law enforcement, prosecution, and corrections personnel have the duty to timely provide this information in a form which is useful to the victim.
(d) Victims and witnesses should have a secure waiting area that does not require them to be in close proximity to defendants or the family and friends of defendants. Agencies controlling facilities shall, whenever possible, provide this area.
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76-8-109. Failure to disclose conflict of interest.
(1) As used in this section:
(a) "Conflict of interest" means an action that is taken by a regulated officeholder that the officeholder reasonably believes may cause direct financial benefit or detriment to the officeholder, a member of the officeholder's immediate family, or an entity that the officeholder is required to disclose under the provisions of this section, and that benefit or detriment is distinguishable from the effects of that action on the public or on the officeholder's profession, occupation, or association generally.
(5) A regulated officeholder who violates the requirements of Subsection (2) is guilty of a class B misdemeanor.
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76-8-203. Unofficial misconduct.
(1) A person is guilty of unofficial misconduct if the person exercises or attempts to exercise any of the functions of a public office when the person:
(a) has not taken and filed the required oath of office;
(b) has failed to execute and file a required bond;
(c) has not been elected or appointed to office;
(d) exercises any of the functions of his office after his term has expired and the successor has been elected or appointed and has qualified, or after his office has been legally removed; or
(e) knowingly withholds or retains from his successor in office or other person entitled to the official seal or any records, papers, documents, or other writings appertaining or belonging to his office or mutilates or destroys or takes away the same.
(2) Unofficial misconduct is a class B misdemeanor.
** Does anyone know if any of the other actions described above may apply to KP?
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76-8-301. Interference with public servant.
(1) A person is guilty of interference with a public servant if he:
(a) uses force, violence, intimidation, or engages in any other unlawful act with a purpose to interfere with a public servant performing or purporting to perform an official function; or
(b) knowingly or intentionally interferes with the lawful service of process by a public servant.
(2) Interference with a public servant is a class B misdemeanor.
(3) For purposes of this section, "public servant" does not include jurors.
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76-8-101. Definitions.
For the purposes of this chapter:
(1) "Candidate for electoral office" means a person who has filed as a candidate for office under the laws of the state.
(2) "Party official" means any person holding any post in a political party whether by election, appointment, or otherwise.
(3) "Peace officer" means any employee of a police or law enforcement agency that is part of or administered by the state or any of its political subdivisions, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions.
(4) (a) "Pecuniary benefit" means any advantage in the form of money, property, commercial interest, or anything else, the primary significance of which is economic gain.
(b) "Pecuniary benefit" does not include economic advantage applicable to the public generally, such as tax reduction or increased prosperity generally.
(5) (a) "Public servant" means any officer or employee of the state or any political subdivision of the state, including judges, legislators, consultants, and persons otherwise performing a governmental function.
(b) A person is considered a public servant upon his election, appointment, or other designation as such, although he may not yet officially occupy that position.
le.utah.gov/~code/TITLE76/htm/76_08_010100.htm 76-8-306. Obstruction of justice in criminal investigations or proceedings -- Elements -- Penalties -- Exceptions.
(1) An actor commits obstruction of justice if the actor, with intent to hinder, delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of any person regarding conduct that constitutes a criminal offense:
(a) provides any person with a weapon;
(b) prevents by force, intimidation, or deception, any person from performing any act that might aid in the discovery, apprehension, prosecution, conviction, or punishment of any person;
(c) alters, destroys, conceals, or removes any item or other thing;
(d) makes, presents, or uses any item or thing known by the actor to be false;
(e) harbors or conceals a person;
(f) provides a person with transportation, disguise, or other means of avoiding discovery or apprehension;
(g) warns any person of impending discovery or apprehension;
(h) warns any person of an order authorizing the interception of wire communications or of a pending application for an order authorizing the interception of wire communications;
(i) conceals information that is not privileged and that concerns the offense, after a judge or magistrate has ordered the actor to provide the information; or
(j) provides false information regarding a suspect, a witness, the conduct constituting an offense, or any other material aspect of the investigation.
(2) (a) As used in this section, "conduct that constitutes a criminal offense" means conduct that would be punishable as a crime and is separate from a violation of this section, and includes:
(i) any violation of a criminal statute or ordinance of this state, its political subdivisions, any other state, or any district, possession, or territory of the United States; and
(ii) conduct committed by a juvenile which would be a crime if committed by an adult.
(b) A violation of a criminal statute that is committed in another state, or any district, possession, or territory of the United States, is a:
(i) capital felony if the penalty provided includes death or life imprisonment without parole;
(ii) a first degree felony if the penalty provided includes life imprisonment with parole or a maximum term of imprisonment exceeding 15 years;
(iii) a second degree felony if the penalty provided exceeds five years;
(iv) a third degree felony if the penalty provided includes imprisonment for any period exceeding one year; and
(v) a misdemeanor if the penalty provided includes imprisonment for any period of one year or less.
(3) Obstruction of justice is:
(a) a second degree felony if the conduct which constitutes an offense would be a capital felony or first degree felony;
(b) a third degree felony if:
(i) the conduct that constitutes an offense would be a second or third degree felony and the actor violates Subsection (1)(b), (c), (d), (e), or (f);
(ii) the conduct that constitutes an offense would be any offense other than a capital or first degree felony and the actor violates Subsection (1)(a);
(iii) the obstruction of justice is presented or committed before a court of law; or
(iv) a violation of Subsection (1)(h); or
(c) a class A misdemeanor for any violation of this section that is not enumerated under Subsection (3)(a) or (b).
(4) It is not a defense that the actor was unaware of the level of penalty for the conduct constituting an offense.
(5) Subsection (1)(e) does not apply to harboring a youth offender, which is governed by Section 62A-7-402.
(6) Subsection (1)(b) does not apply to:
(a) tampering with a juror, which is governed by Section 76-8-508.5;
(b) influencing, impeding, or retaliating against a judge or member of the Board of Pardons and Parole, which is governed by Section 76-8-316;
(c) tampering with a witness or soliciting or receiving a bribe, which is governed by Section 76-8-508;
(d) retaliation against a witness, victim, or informant, which is governed by Section 76-8-508.3; or
(e) extortion or bribery to dismiss a criminal proceeding, which is governed by Section 76-8-509.
(7) Notwithstanding Subsection (1), (2), or (3), an actor commits a third degree felony if the actor harbors or conceals an offender who has escaped from official custody as defined in Section 76-8-309.
**I'm not sure but I am fairly certain that child abuse which KP has withheld from the courts per the description above is a second degree felony charge meaning his obstruction in that would be a possible 3rd degree felony?? Perhaps we can ask Matt?
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76-8-402. Misusing public money.
(1) Every public officer of this state or a political subdivision, or of any county, city, town, precinct, or district of this state, and every other person charged, either by law or under contract, with the receipt, safekeeping, transfer, disbursement, or use of public money commits an offense if the officer or other charged person:
(a) appropriates the money or any portion of it to his own use or benefit or to the use or benefit of another without authority of law;
(b) loans or transfers the money or any portion of it without authority of law;
(c) fails to keep the money in his possession until disbursed or paid out by authority of law;
(d) unlawfully deposits the money or any portion in any bank or with any other person;
(e) knowingly keeps any false account or makes any false entry or erasure in any account of or relating to the money;
(f) fraudulently alters, falsifies, conceals, destroys, or obliterates any such account;
(g) willfully refuses or omits to pay over, on demand, any public money in his hands, upon the presentation of a draft, order, or warrant drawn upon such money by competent authority;
(h) willfully omits to transfer the money when the transfer is required by law; or
(i) willfully omits or refuses to pay over, to any officer or person authorized by law to receive it, any money received by him under any duty imposed by law so to pay over the same.
(2) A violation of Subsection (1) is a felony of the third degree, except it is a felony of the second degree if:
(a) the value of the money exceeds $5,000;
(b) the amount of the false account exceeds $5,000;
(c) the amount falsely entered exceeds $5,000;
(d) the amount that is the difference between the original amount and the fraudulently altered amount exceeds $5,000; or
(e) the amount falsely erased, fraudulently concealed, destroyed, obliterated, or falsified in the account exceeds $5,000.
(3) In addition to the penalty described in Subsection (2), a public officer who violates Subsection (1) is subject to the penalties described in Section 76-8-404.
**Again I am unsure on wether this would be prosecuted as a third or second degree felony. However, this is how the state back east got their Grand Jury to open the GAL's office records. Just a thought.
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76-8-412. Stealing, destroying or mutilating public records by custodian.
Every officer having the custody of any record, map, or book, or of any paper or proceedings of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of stealing, willfully destroying, mutilating, defacing, altering, falsifying, removing, or secreting the whole or any part thereof, or who permits any other person so to do, is guilty of a felony of the third degree.
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76-8-502. False or inconsistent material statements.
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
(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.
** This would be the fraud upon the court allegation.
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76-8-503. False or inconsistent statements.
A person is guilty of a class B misdemeanor if:
(1) (a) he makes a false statement under oath or affirmation or swears or affirms the truth of the statement previously made and he 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 his official functions; or
(ii) the statement is one which is authorized by law to be sworn or affirmed before a notary or other person authorized to administer oaths; or
(b) he makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him to be true.
(2) A person is not guilty under this section if the falsification is retracted before it becomes manifest that the falsification was or would be exposed.
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76-8-504. Written false statement.
A person is guilty of a class B misdemeanor if:
(1) He makes a written false statement which he does not believe to be true on or pursuant to a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or
(2) With intent to deceive a public servant in the performance of his official function, he:
(a) Makes any written false statement which he does not believe to be true; or
(b) Knowingly creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading; or
(c) Submits or invites reliance on any writing which he knows to be lacking in authenticity; or
(d) Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false.
(3) No person shall be guilty under this section if he retracts the falsification before it becomes manifest that the falsification was or would be exposed.
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76-8-504.5. False statements -- Preliminary hearing.
(1) A person is guilty of a class A misdemeanor if the person makes a false statement:
(a) which the person does not believe to be true;
(b) that the person has reason to believe will be used in a preliminary hearing; and
(c) after having been notified either verbally or in writing that:
(i) the statement may be used in a preliminary hearing before a magistrate or a judge; and
(ii) if the person makes a false statement after having received this notification, he is subject to a criminal penalty.
(2) Notification under Subsection (1) is sufficient if it is verbal or written and is in substantially the following form: "You are notified that statements you are about to make may be presented to a magistrate or a judge in lieu of your sworn testimony at a preliminary examination. Any false statement you make and that you do not believe to be true may subject you to criminal punishment as a class A misdemeanor."
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76-8-504.6. False or misleading information.
(1) A person is guilty of a class B misdemeanor if the person, not under oath or affirmation, intentionally or knowingly provides false or misleading material information to:
(a) an officer of the court for the purpose of influencing a criminal proceeding; or
(b) the Bureau of Criminal Identification for the purpose of obtaining a certificate of eligibility for expungement.
(2) For the purposes of this section "officer of the court" means:
(a) prosecutor;
(b) judge;
(c) court clerk;
(d) interpreter;
(e) presentence investigator;
(f) probation officer;
(g) parole officer; and
(h) any other person reasonably believed to be gathering information for a criminal proceeding.
(3) This section does not apply under circumstances amounting to Section 76-8-306 or any other provision of this code carrying a greater penalty.
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76-8-505. False or inconsistent statements -- Proof of falsity of statements -- Irregularities no defense.
(1) On any prosecution for a violation of Subsection 76-8-502(1) or 76-8-503(1)(a), falsity of a statement may not be established solely through contradiction by the testimony of a single witness.
(2) In prosecutions for violation of Subsection 76-8-502(2) or 76-8-503(1)(b), it need not be alleged or proved which of the statements are false but only that one or the other is false and not believed by the defendant to be true.
(3) It is not a defense to a charge under this part that the oath or affirmation was administered or taken in an irregular manner.
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76-8-506. Providing false information to law enforcement officers, government agencies, or specified professionals.
A person is guilty of a class B misdemeanor if he:
(1) knowingly gives or causes to be given false information to any peace officer or any state or local government agency or personnel with a purpose of inducing the recipient of the information to believe that another has committed an offense;
(2) knowingly gives or causes to be given to any peace officer, any state or local government agency or personnel, or to any person licensed in this state to practice social work, psychology, or marriage and family therapy, information concerning the commission of an offense, knowing that the offense did not occur or knowing that he has no information relating to the offense or danger; or
(3) knowingly gives or causes to be given false information to any state or local government agency or personnel with a purpose of inducing a change in the person's licensing or certification status or the licensing or certification status of another.
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76-8-508. Tampering with witness -- Receiving or soliciting a bribe.
(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:
(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.
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76-8-508.3. Retaliation against a witness, victim, or informant.
(1) As used in this section:
(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.
** We have not discussed KP's intimidation of witnesses and threats against family member or threats to change custody etc. Do you think this applies?
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76-8-510.5. Tampering with evidence -- Definitions -- Elements -- Penalties.
(1) As used in this section:
(a) "Official proceeding" includes any civil or administrative action, trial, examination under oath, administrative proceeding, or other civil or administrative adjudicative process.
(b) "Thing or item" includes any document, record book, paper, file, electronic compilation, or other evidence.
(2) A person is guilty of tampering with evidence 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 or to prevent the production of any thing or item which reasonably would be anticipated to be evidence in the official proceeding or investigation, the person knowingly or intentionally:
(a) alters, destroys, conceals, or removes any thing or item with the purpose of impairing the veracity or availability of the thing or item in the proceeding or investigation; or
(b) makes, presents, or uses any thing or item which the person knows to be false with the purpose of deceiving a public servant or any other party who is or may be engaged in the proceeding or investigation.
(3) Subsection (2) does not apply to any offense that amounts to a violation of Section 76-8-306.
(4) (a) Tampering with evidence is a third degree felony if the offense is committed in conjunction with an official proceeding.
(b) Any violation of this section except under Subsection (4)(a) is a class A misdemeanor.
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62A-4a-403. Reporting requirements.
(1) (a) Except as provided in Subsection (2), when any person including persons licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 31b, Nurse Practice Act, has reason to believe that a child has been subjected to abuse or neglect, or who observes a child being subjected to conditions or circumstances which would reasonably result in abuse or neglect, that person shall immediately notify the nearest peace officer, law enforcement agency, or office of the division.
(b) Upon receipt of the notification described in Subsection (1)(a), the peace officer or law enforcement agency shall immediately notify the nearest office of the division. If an initial report of abuse or neglect is made to the division, the division shall immediately notify the appropriate local law enforcement agency. The division shall, in addition to its own investigation, comply with and lend support to investigations by law enforcement undertaken pursuant to a report made under this section.
(2) Subject to Subsection (3), the notification requirements of Subsection (1) do not apply to a clergyman or priest, without the consent of the person making the confession, with regard to any confession made to the clergyman or priest in the professional character of the clergyman or priest in the course of discipline enjoined by the church to which the clergyman or priest belongs, if:
(a) the confession was made directly to the clergyman or priest by the perpetrator; and
(b) the clergyman or priest is, under canon law or church doctrine or practice, bound to maintain the confidentiality of that confession.
(3) (a) When a clergyman or priest receives information about abuse or neglect from any source other than confession of the perpetrator, the clergyman or priest is required to give notification on the basis of that information even though the clergyman or priest may have also received a report of abuse or neglect from the confession of the perpetrator.
(b) Exemption of notification requirements for a clergyman or priest does not exempt a clergyman or priest from any other efforts required by law to prevent further abuse or neglect by the perpetrator.
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62A-4a-411. Failure to report -- Criminal penalty.
Any person, official, or institution required to report a case of suspected abuse, neglect, fetal alcohol syndrome, or fetal drug dependency, who willfully fails to do so is guilty of a class B misdemeanor. Action for failure to report must be commenced within four years from the date of knowledge of the offense and the willful failure to report.
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67-16-14. Unethical transactions -- Duty to dismiss officer or employee -- Right to rescind or void contract.
If any transaction is entered into in violation of Section 67-16-6, 67-16-7, or 67-16-8, the state, political subdivision, or agency involved:
(1) shall dismiss the public officer or public employee who knowingly and intentionally violates this chapter from employment or office as provided by law; and
(2) may rescind or void any contract or subcontract entered into in respect to such transaction without returning any part of the consideration that the state, political subdivision, or agency has received.
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76-5-111.1. Reporting requirements -- Investigation -- Immunity -- Violation -- Penalty -- Physician-patient privilege -- Nonmedical healing.
(1) As provided in Section 62A-3-305, any person who has reason to believe that any vulnerable adult has been the subject of abuse, neglect, or exploitation shall immediately notify the nearest peace officer, law enforcement agency, or Adult Protective Services intake within the Department of Human Services, Division of Aging and Adult Services.
(2) Anyone who makes that report in good faith to a law enforcement agency, the Division of Aging and Adult Services, or Adult Protective Services of suspected abuse, neglect, or exploitation is immune from civil and criminal liability in connection with the report or other notification.
(3) (a) When the initial report is made to a peace officer or law enforcement agency, the officer or law enforcement agency shall immediately notify Adult Protective Services intake. Adult Protective Services and law enforcement shall coordinate, as appropriate, their investigations and provide protection to the vulnerable adult as necessary.
(b) Adult Protective Services will notify the Long-Term Care Ombudsman, as defined in Section 62A-3-202, when the initial report to Adult Protective Services involves a resident of a long-term care facility as defined in Section 62A-3-202. The Long-Term Care Ombudsman and Adult Protective Services shall coordinate, as appropriate, in conducting their investigations.
(c) When the initial report or subsequent investigation by Adult Protective Services indicates that a criminal offense may have occurred against a vulnerable adult, Adult Protective Services shall immediately notify the nearest local law enforcement agency. That law enforcement agency shall initiate an investigation in cooperation with Adult Protective Services.
(4) A person who is required to report suspected abuse, neglect, or exploitation of a vulnerable adult under Subsection (1), and who willfully fails to do so, is guilty of a class B misdemeanor.
(5) Under circumstances not amounting to a violation of Section 76-8-508, a person who threatens, intimidates, or attempts to intimidate a vulnerable adult who is the subject of a report, a witness, the person who made the report, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a class B misdemeanor.
(6) The physician-patient privilege does not constitute grounds for excluding evidence regarding a vulnerable adult's injuries, or the cause of those injuries, in any judicial or administrative proceeding resulting from a report made in good faith pursuant to this part.
(7) An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care.
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76-5-303.5. Notification of conviction of custodial interference.
(1) As used in this section:
(a) "Convicted" means that a person has received a conviction.
(b) "Conviction" is as defined in Section 53-3-102.
(2) If a person is convicted of custodial interference under Section 76-5-303, the court shall notify the Driver License Division, created in Section 53-3-103, of the conviction, and whether the conviction is for:
(a) a class B misdemeanor, under Subsection 76-5-303(3);
(b) a class A misdemeanor, under Subsection 76-5-303(4); or
(c) a felony, under Subsection 76-5-303(5).
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76-5-303. Custodial interference.
(1) As used in this section:
(a) "Child" means a person under the age of 18.
(b) "Custody" means court-ordered physical custody entered by a court of competent jurisdiction.
(c) "Visitation" means court-ordered parent-time or visitation entered by a court of competent jurisdiction.
(2) (a) A person who is entitled to custody of a child is guilty of custodial interference if, during a period of time when another person is entitled to visitation of the child, the person takes, entices, conceals, detains, or withholds the child from the person entitled to visitation of the child, with the intent to interfere with the visitation of the child.
(b) A person who is entitled to visitation of a child is guilty of custodial interference if, during a period of time when the person is not entitled to visitation of the child, the person takes, entices, conceals, detains, or withholds the child from a person who is entitled to custody of the child, with the intent to interfere with the custody of the child.
(3) Except as provided in Subsection (4) or (5), custodial interference is a class B misdemeanor.
(4) Except as provided in Subsection (5), the actor described in Subsection (2) is guilty of a class A misdemeanor if the actor:
(a) commits custodial interference; and
(b) has been convicted of custodial interference at least twice in the two-year period immediately preceding the day on which the commission of custodial interference described in Subsection (4)(a) occurs.
(5) Custodial interference is a felony of the third degree if, during the course of the custodial interference, the actor described in Subsection (2) removes, causes the removal, or directs the removal of the child from the state.
(6) In addition to the affirmative defenses described in Section 76-5-305, it is an affirmative defense to the crime of custodial interference that:
(a) the action is consented to by the person whose custody or visitation of the child was interfered with; or
(b) (i) the action is based on a reasonable belief that the action is necessary to protect a child from abuse, including sexual abuse; and
(ii) before engaging in the action, the person reports the person's intention to engage in the action, and the basis for the belief described in Subsection (6)(b)(i), to the Division of Child and Family Services or law enforcement.
(7) In addition to the other penalties described in this section, a person who is convicted of custodial interference is subject to the driver license suspension provisions of Subsection 53-3-220(1)(a)(xviii).
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76-5-308. Human trafficking.
(1) An actor commits human trafficking for forced labor or forced sexual exploitation if the actor recruits, harbors, transports, or obtains a person through the use of force, fraud, or coercion by means of:
(a) threatening serious harm to, or physical restraint against, that person or a third person;
(b) destroying, concealing, removing, confiscating, or possessing any passport, immigration document, or other government identification document;
(c) abusing or threatening abuse of the law or legal process against the person or a third person;
(d) using a condition of a person being a debtor due to a pledge of the debtor's personal services or the personal services of a person under the control of the debtor as a security for debt where the reasonable value of the services is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined; or
(e) using a condition of servitude by means of any scheme, plan, or pattern intended to cause a person to believe that if the person did not enter into or continue in a condition of servitude, that person or a third person would suffer serious harm or physical restraint, or would be threatened with abuse of legal process.
(2) (a) Human trafficking for forced labor includes forced labor in industrial facilities, sweatshops, households, agricultural enterprises, and any other workplace.
(b) Human trafficking for forced sexual exploitation includes all forms of forced commercial sexual activity, including forced sexually explicit performance, forced prostitution, forced participation in the production of pornography, forced performance in strip clubs, and forced exotic dancing or display.
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76-6-106. Criminal mischief.
(1) As used in this section, "critical infrastructure" includes:
(a) information and communication systems;
(b) financial and banking systems;
(c) any railroads, airlines, airports, airways, highways, bridges, waterways, fixed guideways, or other transportation systems intended for the transportation of persons or property;
(d) any public utility service, including the power, energy, and water supply systems;
(e) sewage and water treatment systems;
(f) health care facilities as listed in Section 26-21-2, and emergency fire, medical, and law enforcement response systems;
(g) public health facilities and systems;
(h) food distribution systems; and
(i) other government operations and services.
(2) A person commits criminal mischief if the person:
(a) under circumstances not amounting to arson, damages or destroys property with the intention of defrauding an insurer;
(b) intentionally and unlawfully tampers with the property of another and as a result:
(i) recklessly endangers:
(A) human life; or
(B) human health or safety; or
(ii) recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure;
(c) intentionally damages, defaces, or destroys the property of another; or
(d) recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing.
(3) (a) (i) A violation of Subsection (2)(a) is a third degree felony.
(ii) A violation of Subsection (2)(b)(i)(A) is a class A misdemeanor.
(iii) A violation of Subsection (2)(b)(i)(B) is a class B misdemeanor.
(iv) A violation of Subsection (2)(b)(ii) is a second degree felony.
(b) Any other violation of this section is a:
(i) second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value;
(ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;
(iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
(iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $500 in value.
(4) In determining the value of damages under this section, or for computer crimes under Section 76-6-703, the value of any item, computer, computer network, computer property, computer services, software, or data includes the measurable value of the loss of use of the items and the measurable cost to replace or restore the items.
(5) In addition to any other penalty authorized by law, a court shall order any person convicted of any violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses incurred in responding to a violation of Subsection (2)(b)(ii), unless the court states on the record the reasons why the reimbursement would be inappropriate.
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76-6-504. Tampering with records -- Penalty.
(1) Any person who, having no privilege to do so, knowingly falsifies, destroys, removes, or conceals any writing, other than the writings enumerated in Section 76-6-503.5 for which the law provides public recording or any record, public or private, with intent to deceive or injure any person or to conceal any wrongdoing is guilty of tampering with records.
(2) Tampering with records is a class B misdemeanor.
le.utah.gov/~code/TITLE76/htm/76_06_050400.htm
