S.B. 73 Enrolled

TAMPERING WITH EVIDENCE
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: D. Chris Buttars
House Sponsor: Peggy Wallace

LONG TITLE
General Description:
This bill amends the Criminal Code to include as a criminal offense tampering with
evidence with the intent to prevent an official proceeding.
Highlighted Provisions:
This bill:
. amends the current law regarding tampering with evidence to include as an offense
the act of tampering with evidence with the intent to prevent an official proceeding,
which is in addition to the current law that prohibits tampering with evidence after a
proceeding or investigation has begun.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-8-510.5, as enacted by Chapter 179, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-8-510.5 is amended to read:
76-8-510.5. Tampering with evidence -- Elements -- Penalties.
(1) A person is guilty of tampering with evidence if, believing that an official
proceeding or investigation is pending or about to be instituted, or with the intent to prevent an

official proceeding or investigation, the [actor] person knowingly or intentionally:
(a) alters, destroys, conceals, or removes any thing or item with the purpose of impairing
the veracity or availability of the thing or item in the proceeding or investigation; or
(b) makes, presents, or uses any thing or item which he knows to be false with the
purpose of deceiving a public servant who is or may be engaged in the proceeding or
investigation.
(2) Subsection (1) does not apply to any offense that amounts to a violation of Section
76-8-306 .
(3) (a) Tampering with evidence is a third degree felony if the offense is committed in an
official proceeding.
(b) Any violation of this section except under Subsection (3)(a) is a class A
misdemeanor.