Utah Code » Title 76, Chapter 8 — Offenses Against the Administration of Government; part 76-8-4 — Offenses Against Public Property
Utah Code

Utah Code § 76-8-405 (2026)

Failure to pay over a fine, forfeiture, or fee

✓ 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 pay over a fine, forfeiture, or fee if the actor:
is a public officer;
receives any fine, forfeiture, or fee; and
refuses or neglects to pay over the fine, forfeiture, or fee within the time prescribed by law.
A violation of Subsection (2) is a class B misdemeanor.
Notes of Decisions
Cited in 6 cases, 1998–2013 · leading case: Vorher v. Honorable S. L. Henriod, 2013 UT 10 (Utah 2013).
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Vorher v. Honorable S. L. Henriod, 2013 UT 10 (Utah 2013). · cites it 28× “18 Tooele City responds that subsection (2)(b) of section 76-8-405 applies to appeals from justice courts because it is consistent with this court's precedent holding that subsection (1) applies to justice courts.”
State v. Samora, 99 P.3d 858 (Utah 2004). · cites it 6× “" Utah Code Ann. § 76-8-405 (1) (emphasis added).”
State v. Samora, 2002 UT App 384 (Utah Ct. App. 2002). · cites it 9× “The supreme court held that section 76-8-405 prevents the Utah constitutional right to appeal (Article VIII, $ 9) from being impaired "by imposing on a defendant who demonstrates the error of his conviction the risk that he may be penalized with a harsher sentence for having…”
State v. Mast, 40 P.3d 1143 (Utah Ct. App. 2001). · cites it 2× “See Utah Code Ann. § 76-8-405 (1) (1999); State v.”
Vorher v. Henriod, 2011 UT App 199 (Utah Ct. App. 2011). · cites it 20× “See generally Utah Code Ann. § 76-8-405 (2008) (limiting the imposition of increased sentences after successful appeal).”
State v. Powell, 957 P.2d 595 (Utah 1998). · cites it 2× “Therefore, Powell’s conviction and sentence were not set aside by the court of *597 appeals’ reversal of the trial court’s order denying his motion to withdraw his plea.”
— Utah Code § 76-8-405(1) — 1 case
Vorher v. Henriod, 2011 UT App 199 (Utah Ct. App. 2011). “See generally Utah Code Ann. § 76-8-405 (2008) (limiting the imposition of increased sentences after successful appeal).”
— Utah Code § 76-8-405(2) — 1 case
Vorher v. Honorable S. L. Henriod, 2013 UT 10 (Utah 2013). “18 Tooele City responds that subsection (2)(b) of section 76-8-405 applies to appeals from justice courts because it is consistent with this court's precedent holding that subsection (1) applies to justice courts.”
— Utah Code § 76-8-405(2)(b) — 2 cases
Vorher v. Honorable S. L. Henriod, 2013 UT 10 (Utah 2013). “18 Tooele City responds that subsection (2)(b) of section 76-8-405 applies to appeals from justice courts because it is consistent with this court's precedent holding that subsection (1) applies to justice courts.”
Vorher v. Henriod, 2011 UT App 199 (Utah Ct. App. 2011). “See generally Utah Code Ann. § 76-8-405 (2008) (limiting the imposition of increased sentences after successful appeal).”
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