Utah Code

Utah Code § 76-8-504.5 (2026)

Making a false statement to be used in a preliminary hearing

✓ 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 statement to be used in a preliminary hearing if the actor makes a false statement that:

the actor does not believe to be true;

the actor has reason to believe will be used in a preliminary hearing; and

the actor made after having been notified either verbally or in writing that:

the statement may be used in a preliminary hearing before a magistrate or a judge; and

if the actor makes a false statement after having received this notification, the actor is subject to a criminal penalty.

A violation of Subsection (2) is a class A misdemeanor.

It is not a defense to prosecution under this section that, if applicable, an oath or affirmation was administered or taken in an irregular manner.

A notification under Subsection (2)(c) is sufficient if the notification is verbal or written and is in substantially the following form: "You are notified that statements you are about to make may be presented to a magistrate or a judge in lieu of your sworn testimony at a preliminary examination. Any false statement you make and that you do not believe to be true may subject you to criminal punishment as a class A misdemeanor."

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2010–2023 · leading case: Castillo-Torres v. Holder, Jr., 394 F. App'x 517 (10th Cir. 2010).

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Castillo-Torres v. Holder, Jr., 394 F. App'x 517 (10th Cir. 2010). “She was convicted of providing false personal information to a peace officer in violation of Utah Code Ann. § 76-8-507 (2) 1 and was sentenced to 865 days of imprisonment, with 358 days suspended.”

State v. Clayton, 2023 UT App 84 (Utah Ct. App. 2023). · cites it 2× “¶6 Both statements contained a separate box at the top of the page that contained the following text: I understand that pursuant to Rule 1102, Utah Rules of Evidence and Section 76-8-504.5, Utah Code Annotated, the statements I am about to make in this document may be presented…”

State v. York, 2018 UT App 90 (Utah Ct. App. 2018). “§ 76-8-504.5; providing false or misleading material information, id.”

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