Utah Code
Utah Code § 76-8-203 (2026)
Unofficial misconduct
✓ 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 unofficial misconduct if the actor exercises or attempts to exercise any of the functions of a public office when the actor:
has not taken and filed the required oath of office;
has failed to execute and file a required bond;
has not been elected or appointed to office;
exercises any of the functions of the actor's office after the actor's term has expired and the successor has been elected or appointed and has qualified, or after the actor's office has been legally removed; or
knowingly:
withholds or retains from the actor's successor in office, or other person entitled to possession, the official seal or a record, paper, document, or other writing appertaining or belonging to the actor's office; or
mutilates, destroys, or takes away the official seal or a record, paper, document, or other writing appertaining or belonging to the actor's office.
A violation of Subsection (2) is a class B misdemeanor.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2011–2023 · leading case: State v. Moreau, 2011 UT App 109 (Utah Ct. App. 2011).
State v. Moreau, 2011 UT App 109 (Utah Ct. App. 2011). “See Utah Code Ann. § 76-8-203 (2)-(8) (2008).”
State v. Samul, 2015 UT App 23 (Utah Ct. App. 2015). “§ 76-8-203(2) (LexisNex-is 2012); see also State v.”
Jones v. United States (Fed. Cl. 2023). “(citing Utah Code §§ 76-8-203 (unofficial misconduct), 512 (impersonation of officer))), Officer Norton had, as previously noted, the authority to stop Mr.”
Utah Code § 76-8-203(2): 1 case
State v. Samul, 2015 UT App 23 (Utah Ct. App. 2015). “§ 76-8-203(2) (LexisNex-is 2012); see also State v.”
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