Utah Code
Utah Code § 76-8-301.5 (2026)
Failure to disclose identity
✓ 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 failure to disclose identity if, during the period of time that the actor is lawfully subjected to a stop as described in Section 77-7-15:
a peace officer demands that the actor disclose the actor's name or date of birth;
the demand described in Subsection (2)(a) is reasonably related to the circumstances justifying the stop;
the disclosure of the actor's name or date of birth by the actor does not present a reasonable danger of self-incrimination in the commission of a crime; and
the actor fails to disclose the actor's name or date of birth.
A violation of Subsection (2) is a class B misdemeanor.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2020–2026 · leading case: Mglej v. Garfield Cnty., 974 F.3d 1151 (10th Cir. 2020).
Mglej v. Garfield Cnty., 974 F.3d 1151 (10th Cir. 2020). “Here, however, based on the plain language of the Utah statutes, Deputy Gardner could not have reasonably believed that he had probable cause to arrest Mglej for violating Utah Code § 76-8-301.5 when the deputy specifically demanded Mglej’s driver’s license or some other form of…”
Donahue v. Wihongi, 948 F.3d 1177 (10th Cir. 2020). “Donahue violated Utah’s failure-to-identify statute, Utah Code Ann. § 76-8-301.5 . If so, Officer Wihongi had authority to arrest him under the arrest-with-probable-cause statute, id.”
Nicholas (D. Utah 2026). “Officer Fratto claims that probable cause existed to arrest Nicholas for violating two2 Utah statues: (1) refusal to disclose identity (Utah Code § 76-8-301.5) and interference with a peace officer by resisting detention (Utah Code § 76-8-305(2)).”
Jones v. Cottonwood Heights City Police Dep't (D. Utah 2022). “PRO SE FILINGS This court is instructed to construe a pro se litigant’s pleadings “liberally” and hold them “to a less stringent standard than formal pleadings drafted by lawyers.”
— Utah Code § 76-8-301.5(1) — 1 case
Mglej v. Garfield Cnty., 974 F.3d 1151 (10th Cir. 2020). “Here, however, based on the plain language of the Utah statutes, Deputy Gardner could not have reasonably believed that he had probable cause to arrest Mglej for violating Utah Code § 76-8-301.5 when the deputy specifically demanded Mglej’s driver’s license or some other form of…”
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