S.B. 112

1

OBSTRUCTION OF JUSTICE AMENDMENT
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ralph Okerlund
5 House Sponsor: Jennifer M. Seelig
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding the offense of obstruction of justice.
10 Highlighted Provisions:
11 This bill:
12 . includes as obstruction of justice the act of advising a person of the existence of an
13 order for a wiretap, or the pending application for a wiretap.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-8-306, as last amended by Laws of Utah 2005, Chapter 13
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-8-306 is amended to read:
24 76-8-306. Obstruction of justice in criminal investigations or proceedings --
25 Elements -- Penalties -- Exceptions.
26 (1) An actor commits obstruction of justice if the actor, with intent to hinder, delay, or
27 prevent the investigation, apprehension, prosecution, conviction, or punishment of any person

28 regarding conduct that constitutes a criminal offense:
29 (a) provides any person with a weapon;
30 (b) prevents by force, intimidation, or deception, any person from performing any act
31 that might aid in the discovery, apprehension, prosecution, conviction, or punishment of any
32 person;
33 (c) alters, destroys, conceals, or removes any item or other thing;
34 (d) makes, presents, or uses any item or thing known by the actor to be false;
35 (e) harbors or conceals a person;
36 (f) provides a person with transportation, disguise, or other means of avoiding
37 discovery or apprehension;
38 (g) warns any person of impending discovery or apprehension;
39 (h) warns any person of an order authorizing the interception of wire communications
40 or of a pending application for an order authorizing the interception of wire communications;
41 [(h)] (i) conceals information that is not privileged and that concerns the offense, after
42 a judge or magistrate has ordered the actor to provide the information; or
43 [(i)] (j) provides false information regarding a suspect, a witness, the conduct
44 constituting an offense, or any other material aspect of the investigation.
45 (2) (a) As used in this section, "conduct that constitutes a criminal offense" means
46 conduct that would be punishable as a crime and is separate from a violation of this section,
47 and includes:
48 (i) any violation of a criminal statute or ordinance of this state, its political
49 subdivisions, any other state, or any district, possession, or territory of the United States; and
50 (ii) conduct committed by a juvenile which would be a crime if committed by an adult.
51 (b) A violation of a criminal statute that is committed in another state, or any district,
52 possession, or territory of the United States, is a:
53 (i) capital felony if the penalty provided includes death or life imprisonment without
54 parole;
55 (ii) a first degree felony if the penalty provided includes life imprisonment with parole
56 or a maximum term of imprisonment exceeding 15 years;
57 (iii) a second degree felony if the penalty provided exceeds five years;
58 (iv) a third degree felony if the penalty provided includes imprisonment for any period

59 exceeding one year; and
60 (v) a misdemeanor if the penalty provided includes imprisonment for any period of one
61 year or less.
62 (3) [The penalties for obstruction] Obstruction of justice [are] is:
63 (a) a second degree felony if the conduct which constitutes an offense would be a
64 capital felony or first degree felony;
65 (b) a third degree felony if:
66 (i) the conduct that constitutes an offense would be a second or third degree felony and
67 the actor violates Subsection (1)(b), (c), (d), (e), or (f);
68 (ii) the conduct that constitutes an offense would be any offense other than a capital or
69 first degree felony and the actor violates Subsection (1)(a); or
70 (iii) the obstruction of justice is presented or committed before a court of law; or
71 (c) a class A misdemeanor for any violation of this section that is not enumerated under
72 Subsection (3)(a) or (b).
73 (4) It is not a defense that the actor was unaware of the level of penalty for the conduct
74 constituting an offense.
75 (5) Subsection (1)(e) does not apply to harboring a youth offender, which is governed
76 by Section 62A-7-402 .
77 (6) Subsection (1)(b) does not apply to:
78 (a) tampering with a juror, which is governed by Section 76-8-508.5 ;
79 (b) influencing, impeding, or retaliating against a judge or member of the Board of
80 Pardons and Parole, which is governed by Section 76-8-316 ;
81 (c) tampering with a witness or soliciting or receiving a bribe, which is governed by
82 Section 76-8-508 ;
83 (d) retaliation against a witness, victim, or informant, which is governed by Section
84 76-8-508.3 ; or
85 (e) extortion or bribery to dismiss a criminal proceeding, which is governed by Section
86 76-8-509 .
87 (7) Notwithstanding Subsection (1), (2), or (3), an actor commits a third degree felony
88 if the actor harbors or conceals an offender who has escaped from official custody as defined in
89 Section 76-8-309 .

Legislative Review Note
as of 1-15-09 2:55 PM

Office of Legislative Research and General Counsel