76-8-306. Obstruction of justice in a criminal investigation or proceeding.
(1)
(a) As used in this section:
(i)
(A) "Conduct that constitutes a criminal offense" means conduct that would be punishable as a crime and is separate from a violation of this section.
(B) "Conduct that constitutes a criminal offense" includes:
(I) any violation of a criminal statute or ordinance of this state or a political subdivision of this state, any other state, or any district, possession, or territory of the United States; and
(II) conduct committed by a juvenile that would be a crime if committed by an adult.
(ii) "Juvenile offender" means the same as that term is defined in Section 80-1-102.
(iii) "Official custody" means the same as that term is defined in Section 76-8-309.
(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) Except as provided in Subsection (5), an actor commits obstruction of justice in a criminal investigation or proceeding if the actor, with intent to hinder, delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of any person regarding conduct that constitutes a criminal offense:
(a) provides any person with a weapon;
(b) prevents by force, intimidation, or deception, a person from performing an act that might aid in the discovery, apprehension, prosecution, conviction, or punishment of any person;
(c) alters, destroys, conceals, or removes an item or other thing;
(d) makes, presents, or uses an 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 discovery or apprehension;
(g) warns a person of impending discovery or apprehension;
(h) warns a person of an order authorizing the interception of wire communications or of 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 judge or magistrate has ordered the actor to provide the information; or
(j) provides false information regarding a suspect, a witness, the conduct constituting an offense, or any other material aspect of the investigation.
(3) A violation of Subsection (2) is:
(a) a second degree felony if the conduct that constitutes an offense would be a capital felony 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 and the actor violates Subsection (2)(b), (c), (d), (e), or (f);
(ii) the conduct that constitutes an offense would be any offense other than a capital or first degree felony and the actor violates Subsection (2)(a);
(iii) the obstruction of justice is presented or committed before a court of law; or
(iv) a violation of Subsection (2)(h); or
(c) a class A misdemeanor for any violation of this section that is not enumerated under Subsection (3)(a) or (b).
(4) It is not a defense that the actor was unaware of the level of penalty for the conduct constituting an offense.
(5)
(a) Subsection (2) does not apply to harboring or concealing an offender who has escaped from official custody, which is governed by Section 76-8-309.2.
(b) Subsection (2)(b) does not apply to:
(i) threat with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole under Section 76-8-316;
(ii) assault with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole under Section 76-8-316.2;
(iii) aggravated assault with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole under Section 76-8-316.4;
(iv) attempted murder with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole under Section 76-8-316.6;
(v) tampering with a witness under Section 76-8-508;
(vi) retaliation against a witness, victim, or informant under Section 76-8-508.3;
(vii) tampering or retaliating against a juror under Section 76-8-508.5;
(viii) receiving or soliciting a bribe as a witness under Section 76-8-508.7; or
(ix) extortion or bribery to dismiss a criminal proceeding under Section 76-8-509.
(c) Subsection (2)(e) does not apply to harboring a juvenile offender, which is governed by Section 76-8-319.
(6) For purposes of Subsection (3), a violation of a criminal statute that is committed in another state, or any district, possession, or territory of the United States, is:
(a) a capital felony if the penalty provided includes death or life imprisonment without parole;
(b) a first degree felony if the penalty provided includes life imprisonment with parole or a maximum term of imprisonment exceeding 15 years;
(c) a second degree felony if the penalty provided exceeds five years;
(d) a third degree felony if the penalty provided includes imprisonment for any period exceeding one year; or
(e) a misdemeanor if the penalty provided includes imprisonment for any period of one year or less.
Amended by Chapter 96, 2024 General Session
