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H.B. 80
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5 AN ACT RELATING TO CRIMINAL LAW; AMENDING THE PENALTIES FOR
6 HARBORING OR CONCEALING A JUVENILE OR ADULT OFFENDER.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 62A-7-106, as enacted by Chapter 1, Laws of Utah 1988
10 76-8-306, as last amended by Chapter 51, Laws of Utah 1995
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 62A-7-106 is amended to read:
13 62A-7-106. Aiding or concealing youth offender -- Trespass -- Criminal penalties.
14 (1) A person who commits any of the following offenses is guilty of a class A
15 misdemeanor:
16 [
17 to a secure facility, in escaping or attempting to escape from that facility;
18 [
19 [
20 of youth offenders, without permission;
21 [
22 to commit a trespass or depredation on those premises; or
23 [
24 youth offender in a secure facility.
25 (2) A person is guilty of a third degree felony who knowingly harbors or conceals a youth
26 offender who has:
27 (a) escaped from a secure facility; or
28 (b) absconded from:
29 (i) a facility or supervision, as these offenses are defined in Section 76-8-309.5 ; or
30 (ii) from supervision of the Division of Youth Corrections.
31 Section 2. Section 76-8-306 is amended to read:
32 76-8-306. Obstructing justice.
33 (1) A person is guilty of an offense if, with intent to hinder, prevent, or delay the
34 discovery, apprehension, prosecution, conviction, or punishment of [
35 commission of a crime, he:
36 (a) knowing an offense has been committed, conceals it from a magistrate;
37 (b) harbors or conceals the offender;
38 (c) provides the offender a weapon, transportation, disguise, or other means for avoiding
39 discovery or apprehension;
40 (d) warns the offender of impending discovery or apprehension;
41 (e) conceals, destroys, or alters any physical evidence that might aid in the discovery,
42 apprehension, or conviction of the [
43 (f) obstructs by force, intimidation, or deception anyone from performing an act that might
44 aid in the discovery, apprehension, prosecution, or conviction of the [
45 (g) having knowledge that a law enforcement officer has been authorized or has applied
46 for authorization under either Section 77-23a-10 or 77-23a-15 to intercept a wire, electronic, or
47 oral communication, gives notice or attempts to give notice of the possible interception to any
48 person.
49 (2) (a) An offense under [
50 (i) Subsection (1)(a) or Subsections (1)(c) through (f) is a class B misdemeanor[
51 and
52 (ii) Subsection (1)(b) is a class A misdemeanor.
53 (b) If the [
54 offender committed:
55 (i) a second or third degree felony, the offense is a third degree felony; and
56 (ii) a capital offense or a [
57 a second degree felony.
58 (3) An offense under Subsection (1)(g) is a third degree felony.
59 (4) Subsection (1)(f) does not apply to an act against a juror. Obstructing the function of
60 a juror is addressed in Section 76-8-508.5 .
61 (5) A person is guilty of a third degree felony who harbors or conceals an offender who
62 has absconded from a facility or from supervision as these offenses are defined in Section
63 76-8-309.5 .
64 [
65 or a member of the Board of Pardons and Parole or the judge's or member's immediate family.
Legislative Review Note
as of 1-10-00 12:25 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.