Utah Code » Title 76, Chapter 8 — Offenses Against the Administration of Government; part 76-8-5 — Falsification in Official Matters
Utah Code

Utah Code § 76-8-502 (2026)

Making a false or inconsistent material statement

✓ current as of May 2026
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Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.
An actor commits making a false or inconsistent material statement if the actor:
makes a false material statement under oath or affirmation or swears or affirms the truth of a material statement previously made and the actor does not believe the statement to be true; or
makes inconsistent material statements under oath or affirmation, both within the period of limitations, one of which is false and the actor does not believe to be true.
A violation of Subsection (2) is a second degree felony.
It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner.
In a prosecution for a violation of Subsection (2)(a), the falsity of an actor's statement may not be established solely through contradiction by the testimony of a single witness.
In a prosecution for a violation of Subsection (2)(b), it need not be alleged or proved which of the statements are false but only that one or the other statement is false and not believed by the actor to be true.
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1983–2023 · leading case: State v. Strand, 720 P.2d 425 (Utah 1986).
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State v. Strand, 720 P.2d 425 (Utah 1986). · cites it 8× “, 1953, § 76-8-502(1) (1978 ed.). On January 18, 1978, defendant testified at a supplemental order proceeding in a civil case in which he was the defendant/debtor.”
State v. Gallegos, 738 P.2d 1040 (Utah 1987). · cites it 2× “Utah Code Ann. §§ 76-8-502 to -505 (1978).”
Helsten v. Schwendiman, 668 P.2d 509 (Utah 1983). · cites it 2× “, 1953, §§ 76-8-502 to -504. The statutory requirement is appropriate because the driver, "based on the report alone, [is] put in the position of having to take affirmative steps to defend himself.”
State v. Gutierrez-Perez, 2014 UT 11 (Utah 2014). · cites it 2× “§ 76-8-502 ("A person is guilty of a felony of the second degree" if he makes a "false material statement under oath or affirmation or swears or affirms the truth of a material statement previously made and he does not believe the statement to be true.”
State v. Gutierrez-Perez, 337 P.3d 205 (Utah 2014). “§ 76-8-502(1). . Id. § 76-3-204(2). . Id.”
State v. Strand, 674 P.2d 109 (Utah 1983). “, 1953, § 76-8-502(1). Preliminary hearing was scheduled for December 15, 1981.”
Hogan v. State, 516 So. 2d 474 (Miss. 1987). “§ 39-5-603 ; Utah Code Ann. § 76-8-502 (2) (1953); Code of Virginia § 18.”
Alvarado, 26 I. & N. Dec. 895 (2016). “899 Cite as 26 I&N Dec. 895 (BIA 2016) Interim Decision #3883 either “required or authorized by law.”
State v. York, 2018 UT App 90 (Utah Ct. App. 2018). · cites it 2× “" Further, the tampering with evidence section appears alongside other crimes that impose criminal liability on a person for taking affirmative actions to interfere in the truth-finding process, such as making a false or inconsistent material statement under oath, Utah Code Ann.…”
Cuara Rodriguez v. Am. Express Nat'l Bank (D. Utah 2023). · cites it 2× “Cuara Rodriguez’s complaint lacks any allegations concerning fraud to which these statutes would apply, and it fails to allege facts sufficient to show he has standing to bring a claim under these statutes.”
Cuara Rodriguez v. Am. Express Nat'l Bank (D. Utah 2023). · cites it 2× “§ 1348 (securities and commodities fraud), and Utah Code section 76-8-502 (perjury).25 While sections 1030 and 1031 authorize private civil actions in certain circumstances,26 Mr.”
— Utah Code § 76-8-502(1) — 4 cases
State v. Strand, 720 P.2d 425 (Utah 1986). “, 1953, § 76-8-502(1) (1978 ed.). On January 18, 1978, defendant testified at a supplemental order proceeding in a civil case in which he was the defendant/debtor.”
State v. Gutierrez-Perez, 337 P.3d 205 (Utah 2014). “§ 76-8-502(1). . Id. § 76-3-204(2). . Id.”
State v. Strand, 674 P.2d 109 (Utah 1983). “, 1953, § 76-8-502(1). Preliminary hearing was scheduled for December 15, 1981.”
State v. Gutierrez-Perez, 2014 UT 11 (Utah 2014). “§ 76-8-502 ("A person is guilty of a felony of the second degree" if he makes a "false material statement under oath or affirmation or swears or affirms the truth of a material statement previously made and he does not believe the statement to be true.”
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