76-8-306 - Obstruction of justice in criminal investigations or proceedings -- Elements -- Penalties -- Exceptions.
76-8-306. Obstruction of justice in criminal investigations or proceedings --Elements -- Penalties -- Exceptions.
(1) An actor commits obstruction of justice if the actor, with intent to hinder, delay, orprevent the investigation, apprehension, prosecution, conviction, or punishment of any personregarding conduct that constitutes a criminal offense:
(a) provides any person with a weapon;
(b) prevents by force, intimidation, or deception, any person from performing any act thatmight aid in the discovery, apprehension, prosecution, conviction, or punishment of any person;
(c) alters, destroys, conceals, or removes any item or other thing;
(d) makes, presents, or uses any item or thing known by the actor to be false;
(e) harbors or conceals a person;
(f) provides a person with transportation, disguise, or other means of avoiding discoveryor apprehension;
(g) warns any person of impending discovery or apprehension;
(h) warns any person of an order authorizing the interception of wire communications orof a pending application for an order authorizing the interception of wire communications;
(i) conceals information that is not privileged and that concerns the offense, after a judgeor magistrate has ordered the actor to provide the information; or
(j) provides false information regarding a suspect, a witness, the conduct constituting anoffense, or any other material aspect of the investigation.
(2) (a) As used in this section, "conduct that constitutes a criminal offense" meansconduct that would be punishable as a crime and is separate from a violation of this section, andincludes:
(i) any violation of a criminal statute or ordinance of this state, its political subdivisions,any other state, or any district, possession, or territory of the United States; and
(ii) conduct committed by a juvenile which would be a crime if committed by an adult.
(b) A violation of a criminal statute that is committed in another state, or any district,possession, or territory of the United States, is a:
(i) capital felony if the penalty provided includes death or life imprisonment withoutparole;
(ii) a first degree felony if the penalty provided includes life imprisonment with parole ora maximum term of imprisonment exceeding 15 years;
(iii) a second degree felony if the penalty provided exceeds five years;
(iv) a third degree felony if the penalty provided includes imprisonment for any periodexceeding one year; and
(v) a misdemeanor if the penalty provided includes imprisonment for any period of oneyear or less.
(3) Obstruction of justice is:
(a) a second degree felony if the conduct which constitutes an offense would be a capitalfelony or first degree felony;
(b) a third degree felony if:
(i) the conduct that constitutes an offense would be a second or third degree felony andthe actor violates Subsection (1)(b), (c), (d), (e), or (f);
(ii) the conduct that constitutes an offense would be any offense other than a capital orfirst degree felony and the actor violates Subsection (1)(a);
(iii) the obstruction of justice is presented or committed before a court of law; or
(iv) a violation of Subsection (1)(h); or
(c) a class A misdemeanor for any violation of this section that is not enumerated underSubsection (3)(a) or (b).
(4) It is not a defense that the actor was unaware of the level of penalty for the conductconstituting an offense.
(5) Subsection (1)(e) does not apply to harboring a youth offender, which is governed bySection 62A-7-402.
(6) Subsection (1)(b) does not apply to:
(a) tampering with a juror, which is governed by Section 76-8-508.5;
(b) influencing, impeding, or retaliating against a judge or member of the Board ofPardons and Parole, which is governed by Section 76-8-316;
(c) tampering with a witness or soliciting or receiving a bribe, which is governed bySection 76-8-508;
(d) retaliation against a witness, victim, or informant, which is governed by Section76-8-508.3; or
(e) extortion or bribery to dismiss a criminal proceeding, which is governed by Section76-8-509.
(7) Notwithstanding Subsection (1), (2), or (3), an actor commits a third degree felony ifthe actor harbors or conceals an offender who has escaped from official custody as defined inSection 76-8-309.
Amended by Chapter 213, 2009 General Session