ARTICLE XVIII. - OFFENSES REGARDING PERJURY AND FALSIFICATION IN OFFICIAL MATTERS
Part of the Code of Ordinances of Minersville, UT.
The text
Footnotes:
--- (8) --- State Law reference— Falsification in official matters, U.C.A. 1953, § 76-8-501 et seq.
Sec. 14-569. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Material means capable of affecting the course or outcome of the proceeding, unless the person who made the statement or provided the information retracts the statement or information before the earlier of: (1)
The end of the official proceeding in which the statement was made or the information was provided;
(2)
When it becomes manifest that the false or misleading nature of the statement or information has been or will be exposed; or
(3)
When the statement or information substantially affects the proceeding.
Official proceeding means any proceeding before the town council, court or administrative body of the town authorized by any state or ordinance of the town council to take evidence under oath or affirmation, including a notary or other person taking evidence in connection with any of these proceedings.
(Code 1981, § 13-850-1)
State Law reference— Definitions, U.C.A. 1953, § 76-8-501.
Sec. 14-570. - False or inconsistent statements.#
In any proceeding conducted by the town or pursuant to its ordinances a person is guilty of a Class B misdemeanor if: (1)
The person makes a false statement under oath or affirmation or swears or affirms the truth of the statement previously made and he does not believe the statement to be true if:
a.
The falsification occurs in an official proceeding, or is made with a purpose to mislead a public servant in performing his official functions; or
b.
The statement is one which is authorized by law to be sworn or affirmed before a notary or other person authorized to administer oaths.
(2)
The person makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by the person to be true.
(3)
No person shall be guilty under this section if the person retracts the falsification before it becomes manifest that the falsification was or would be exposed.
(Code 1981, § 13-850-3)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-503.
Sec. 14-571. - Written false statement.#
(a)
A person commits the offense of written false statement if:
(1)
The person makes a written statement that the actor does not believe to be true on or under a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or
(2)
With intent to deceive a public servant in the performance of the public servant's official function, the person:
a.
Makes any written false statement which the person does not believe to be true;
b.
Knowingly creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading;
c.
Submits or invites reliance on a writing the person knows to be lacking in authenticity; or
d.
Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which the person knows to be false.
(b)
Except as provided in subsection (c) of this section, a violation of subsection (a) of this section is a Class B misdemeanor.
(c)
A violation of subsection (a) of this section is a third degree felony if the false statement is on a financial declaration described in U.C.A. 1953, § 77-38b-204.
(d)
It is not an offense under this section if the person retracts the falsification before it becomes manifest that the falsification was or would be exposed.
(Code 1981, § 13-850-4)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-504.
Sec. 14-572. - Perjury or false swearing; proof of falsity of statements; denial or criminal guilty.#
(a)
On any prosecution for perjury or false swearing, except a prosecution upon inconsistent statements pursuant to U.C.A. 1953, § 76-8-503(1)(a) falsity of a statement may not be established solely through contradiction by the testimony of a single witness.
(1)
In prosecutions for violation of U.C.A. 1953, § 76-8-503(1)(b), it need not be alleged or proved which of the statements are false but only that one or the other is false and not believed by the defendant to be true.
(2)
It is not a defense to a charge under this article that the oath or affirmation was administered or taken in an irregular manner.
(b)
No prosecution shall be brought under this article when the substance of the defendant's false statement is his denial of guilty in a previous criminal trial.
(Code 1981, § 13-850-5)
State Law reference— False or inconsistent statements, proof of false statements, irregularities, U.C.A. 1953, § 76-8-505.
Sec. 14-573. - False reports of offenses to law enforcement officer.#
A person is guilty of a Class B misdemeanor if he: (1)
Knowingly gives or causes to be given false information to any law enforcement officer or personnel with a purpose of inducing the officer to believe that another has committed an offense;
(2)
Knowingly gives or causes to be given information to any law enforcement officer or personnel or to any person licensed in this state to practice social work, psychology, or marriage and family therapy, concerning the commission of an offense, knowing that the offense did not occur or knowing that he has no information relating to the offense or danger; or
(3)
Knowingly gives or causes to be given false information to any state or local government agency or personnel with a purpose of inducing a change in the person's licensing or certification status or the licensing or certification status of another.
(Code 1981, § 13-850-6)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-506.
Sec. 14-574. - False name or address to law enforcement officer.#
A person commits a Class C misdemeanor if, with intent of misleading a law enforcement officer as to his identity, birth date, or place of residence, the person knowingly gives a false name, birth date, or address to a law enforcement officer in the lawful discharge of the law enforcement officer's official duties.
(Code 1981, § 13-850-7)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-507(1).
Sec. 14-575. - Falsification or alteration of government record.#
A person is guilty of a Class B misdemeanor if, under circumstances not amounting to an offense subject to a greater penalty under U.C.A. 1953, tit. 76, ch. 6, pt. 5 (U.C.A. 1953, § 76-6-501 et seq.), Fraud, the person: (1)
Knowingly makes a false entry in or false alteration of anything belonging to, received, or kept by the town for information or record, or required by law to be kept for information of the town;
(2)
Presents or uses anything knowing it to be false and with a purpose that it be taken as a genuine part of information or records referred to in subsection (1) of this section; or
(3)
Intentionally destroys, conceals or otherwise impairs the verity or availability of the information or records, knowing that the destruction, concealment, or impairment is unlawful.
(Code 1981, § 13-850-11)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-511.
Sec. 14-576. - Impersonation of officer.#
A person is guilty of a Class B misdemeanor if the person: (1)
Impersonates a public servant or a peace officer of the town with intent to deceive another or with intent to induce another to submit to his pretended official authority or to rely upon his pretended official act;
(2)
Falsely states he is a public servant or a peace officer with intent to deceive another or to induce another to submit to his pretended official authority or to rely upon his pretended official act; or
(3)
Displays or possesses without authority any badge, identification card, other form of identification, any restraint device, or the uniform of any state or local governmental entity, or a reasonable facsimile of any of these items, with the intent to deceive another or with the intent to induce another to submit to his pretended official authority or to rely upon his pretended official act.
(Code 1981, § 13-850-12)
State Law reference— Similar provisions, U.C.A. 1953, § 76-8-512.
Sec. 14-577. - False judicial or official notice.#
A person is guilty of a Class B misdemeanor who, with a purpose to procure the compliance of another with a request made by the person, knowingly sends, mails, or delivers to the person a notice or other writing which has no judicial or other sanction but which in its format or appearance simulates a summons, complaint, court order, or process, or an insignia, seal, or printed form of any official of the town, or is otherwise calculated to induce a belief that it does have a judicial or other official sanction.
(Code 1981, § 13-850-13)
State Law reference— Similar provisions, U.C.A. 1953, § 78-8-513.