Utah Code
Utah Code § 76-8-201 (2026)
Official misconduct -- Unauthorized acts or failure of duty
✓ current as of May 2026
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Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
An actor commits official misconduct based on an unauthorized act or failure of duty if the actor:
is a public servant; and
with an intent to benefit the actor or another or to harm another, the actor knowingly:
commits an unauthorized act that purports to be an act of the actor's office; or
knowingly refrains from performing a duty imposed on the actor by law or clearly inherent in the nature of the actor's office.
A violation of Subsection (2) is a class B misdemeanor.
Notes of Decisions
Cited in 25
cases (3 in the last 5 years), 1989–2023 · leading case: State v. Jones, 2016 UT 4 (Utah 2016).
State v. Jones, 2016 UT 4 (Utah 2016). “See Utah Code § 76-8-201. ¶ 28 That leaves only the question whether there was probable cause for a reasonable officer to conclude that Jones's alleged failure to respond to a domestic violence complaint was "with an intent to benefit himself or another or to harm another.”
State v. Mast, 40 P.3d 1143 (Utah Ct. App. 2001). “This section provides in part: *1146 When a person is convicted of eriminal activity that has resulted in pecuniary damages, in addition to any other sentence it may impose, the court shall order that the defendant make restitution to victims of crime as provided in this…”
State v. Weeks, 12 P.3d 110 (Utah Ct. App. 2000). “In this regard, Utah Code Ann. § 76-8-201 (4)(e) (1999) states: "If the defendant objects to the imposition, amount, or distribution of the restitution, the court shall at the time of sentencing allow the defendant a full hearing on the issue.”
State v. Tolman, 775 P.2d 422 (Utah Ct. App. 1989). “§ 76-8-508 (1978), and official misconduct, a class B misdemeanor in violation of Utah Code Ann. § 76-8-201 (1978). Tolman raises numerous issues on appeal, including whether: 1) the evidence was sufficient to support the convictions; 2) the trial court erred in ruling that…”
State v. Jones, 330 P.3d 97 (Utah Ct. App. 2014). “See Utah Code Ann. § 76-8-201 (LexisNexis 2012).”
State v. Diaz, 2002 UT App 288 (Utah Ct. App. 2002). “This limitation is rooted in Utah Code Ann. § 76-8-201 , which provides, in relevant part: If a statute under which the defendant was convicted mandates that one of three stated minimum terms shall be imposed, the court shall order imposition of the term of middle severity…”
State v. Wallace, 2006 UT 86 (Utah 2006). “" Utah Code Ann. § 76-8-201 (2), (2)(c) (2008).”
State v. Johnson, 2009 UT App 382 (Utah Ct. App. 2009). “" Utah Code Ann. § 76-8-201 (4) (2008). "Criminal activities" are defined as "any offense of which the defendant is convicted or any other criminal conduct for which the defendant admits responsibility to the sentencing court with or without an admission of committing the…”
State v. Smith, 2003 UT App 179 (Utah Ct. App. 2003). “Smith argues that the trial court erred in ordering restitution without affording Smith either a hearing or an opportunity to be heard and that the trial court failed to consider the mandatory factors set forth in Utah Code Annotated section 76-8-201(8)(c) (1999).”
State ex rel. Z.C., 165 P.3d 1206 (Utah 2007). “3d 188 (noting that Utah Code section 76-8-201(4), which allows a court to order restitution to the victim of a crime, did not apply to a conviction of fornication because it involves consensual sexual conduct).”
People v. Feerick, 714 N.E.2d 851 (NY 1999). “02; Utah Code Ann § 76-8-201; Wash Rev Code Ann § 9A.”
State v. Harvell, 2009 UT App 271 (Utah Ct. App. 2009). “CONCLUSION 1 15 Accordingly, we conclude that the restitution order, with respect to the brake system repairs and iPod replacement, is contrary to the plain language of the restitution and sentencing statutes and must be reversed.”
— Utah Code § 76-8-201(1)(e) — 1 case
State v. Houston, 9 P.3d 188 (Utah Ct. App. 2000).
— Utah Code § 76-8-201(2) — 1 case
State v. Swogger, 2013 UT App 164 (Utah Ct. App. 2013).
— Utah Code § 76-8-201(4) — 2 cases
State ex rel. Z.C., 165 P.3d 1206 (Utah 2007). “3d 188 (noting that Utah Code section 76-8-201(4), which allows a court to order restitution to the victim of a crime, did not apply to a conviction of fornication because it involves consensual sexual conduct).”
State v. Poole, 2015 UT App 220 (Utah Ct. App. 2015).
— Utah Code § 76-8-201(4)(a) — 1 case
State v. Mast, 40 P.3d 1143 (Utah Ct. App. 2001). “This section provides in part: *1146 When a person is convicted of eriminal activity that has resulted in pecuniary damages, in addition to any other sentence it may impose, the court shall order that the defendant make restitution to victims of crime as provided in this…”
— Utah Code § 76-8-201(8) — 1 case
State v. Nones, 11 P.3d 709 (Utah Ct. App. 2000).
— Utah Code § 76-8-201(8)(b) — 1 case
State v. Weeks, 12 P.3d 110 (Utah Ct. App. 2000). “In this regard, Utah Code Ann. § 76-8-201 (4)(e) (1999) states: "If the defendant objects to the imposition, amount, or distribution of the restitution, the court shall at the time of sentencing allow the defendant a full hearing on the issue.”
— Utah Code § 76-8-201(8)(c) — 1 case
State v. Smith, 2003 UT App 179 (Utah Ct. App. 2003). “Smith argues that the trial court erred in ordering restitution without affording Smith either a hearing or an opportunity to be heard and that the trial court failed to consider the mandatory factors set forth in Utah Code Annotated section 76-8-201(8)(c) (1999).”
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