63G-2-801. Criminal penalties.
(1) (a) A public employee or other person who has lawful access to any private,
controlled, or protected record under this chapter, and who intentionally discloses, provides a
copy of, or improperly uses a private, controlled, or protected record knowing that the disclosure
or use is prohibited under this chapter, is guilty of a class B misdemeanor.
(b) It is a defense to prosecution under Subsection (1)(a) that the actor used or released
private, controlled, or protected information in the reasonable belief that the use or disclosure of
the information was necessary to expose a violation of law involving government corruption,
abuse of office, or misappropriation of public funds or property.
(c) It is a defense to prosecution under Subsection (1)(a) that the record could have
lawfully been released to the recipient if it had been properly classified.
(2) (a) A person who by false pretenses, bribery, or theft, gains access to or obtains a
copy of any private, controlled, or protected record to which the person is not legally entitled is
guilty of a class B misdemeanor.
(b) No person shall be guilty under Subsection (2)(a) who receives the record,
information, or copy after the fact and without prior knowledge of or participation in the false
pretenses, bribery, or theft.
(3) A public employee who intentionally refuses to release a record the disclosure of
which the employee knows is required by law or by final unappealed order from a governmental
entity, the records committee, or a court, is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 28, 2009