§ 76-8-504.5 — Making a false statement to be used in a preliminary hearing.

Utah § 76-8-504.5

• Jurisdiction: Utah
• Title 76: Utah Criminal Code
• Ch. 76-8: Offenses Against the Administration of Government
• Part 76-8-5: Falsification in Official Matters

Text

(1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.
(2) An actor commits making a false statement to be used in a preliminary hearing if the actor makes a false statement that:
(2)(a) the actor does not believe to be true;
(2)(b) the actor has reason to believe will be used in a preliminary hearing; and
(2)(c) the actor made after having been notified either verbally or in writing that:
(2)(c)(i) the statement may be used in a preliminary hearing before a magistrate or a judge; and
(2)(c)(ii) if the actor makes a false statement after having received this notification, the actor is subject to a criminal penalty.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) It is not a defense to prosecution under this section that, if applicable, an oath or affirmation was administered or taken in an irregular manner.
(5) A notification under Subsection (2)(c) is sufficient if the notification 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."

Legislative History

Amended by Chapter 96, 2024 General Session