17-16a-4. Prohibited use of official position -- Exception.
(1) Except as provided in Subsection (3), it is an offense for an elected or appointed
officer, under circumstances not amounting to a violation of Section 63G-6-1001 or 76-8-105, to:
(a) disclose confidential information acquired by reason of the officer's official position
or use that information to secure special privileges or exemptions for himself or others;
(b) use or attempt to use the officer's official position to secure special privileges for the
officer or for others; or
(c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or loan
for the officer or for another, if the gift or loan tends to influence the officer in the discharge of
the officer's official duties.
(2) This section is inapplicable to:
(a) an occasional nonpecuniary gift having a value of less than $50;
(b) an award publicly presented;
(c) any bona fide loan made in the ordinary course of business; or
(d) political campaign contributions actually used in a political campaign.
(3) A member of a county legislative body who is also a member of the governing board
of a provider of mental health or substance abuse services under contract with the county does
not commit an offense under Subsection (1)(a) or (b) by discharging, in good faith, the duties and
responsibilities of each position, if the county legislative body member does not participate in the
process of selecting the mental health or substance abuse service provider.
Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 28, 2009