H.B. 272

1

FALSE IMPERSONATION AND
2 REPRESENTATION
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gage Froerer
6 Senate Sponsor: Jon J. Greiner
7
8 LONG TITLE
9 General Description:
10 This bill makes amendments to the offense of "false wearing or use of military or
11 organization medal or insignia" and makes the offense consistent with similar criminal
12 provisions.
13 Highlighted Provisions:
14 This bill:
15 . deletes the requirement that a society, order, or organization must exist for at least
16 ten years in the state before criminal provisions apply relating to the false wearing
17 or use of a military medal, or the false use of a society's, order's, or organization's,
18 name, titles, insignias, rituals, or ceremonies;
19 . provides that the criminal provisions described in the preceding paragraph are only
20 violated if the person engages in the prohibited conduct with the intent to defraud or
21 make a false representation;
22 . reduces the penalty for the criminal provisions described in this bill from a class B
23 misdemeanor to a class C misdemeanor;
24 . provides that the offense of "false representation of military award" supercedes the
25 offense described in this bill; and
26 . makes technical changes.
27 Monies Appropriated in this Bill:

28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 76-8-514, as enacted by Laws of Utah 1973, Chapter 196
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 76-8-514 is amended to read:
37 76-8-514. False wearing or use of medal, name, title, insignia, ritual, or ceremony.
38 (1) It is an offense for any person to wear or use any military medal awarded by the
39 United States, [or the] this state [of Utah], or of any society, order, or organization [of ten
40 years' standing in this state, unless], which the person not is entitled to wear or use [it, and it is
41 unlawful], if the person wears or uses the military medal with the intent to defraud or to falsely
42 represent that the person or another person has been awarded a military medal.
43 (2) It is an offense for any person to use the name of [the] a society, order, or
44 organization, the titles of its officers, or its insignia, ritual, or ceremonies, [unless] which the
45 person is not authorized [thereunto] to use by the society, order, or organization [or by the state
46 of Utah or the United States], if the person uses the name, title, insignia, ritual, or ceremony
47 with the intent to defraud or to falsely represent that the person or another person was or is a
48 member, representative, or officer of the society, order, or organization.
49 [(2)] (3) A violation of this section is a class [B] C misdemeanor.
50 (4) This section does not apply to a person who engages in conduct that constitutes an
51 offense under Section 76-9-706 .




Legislative Review Note
as of 12-21-07 3:22 PM

Office of Legislative Research and General Counsel