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

Utah Code § 76-8-508.3 (2026)

Retaliation against a witness, victim, or informant

✓ current as of May 2026
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As used in this section:
"An individual closely associated with a witness, victim, or informant" means an individual who is a member of the witness's, victim's, or informant's family, has a close personal or business relationship with the witness or victim, or resides in the same household with the witness, victim, or informant.
"Harm" means physical, emotional, or economic injury or damage to a person or to his property, reputation, or business interests.
Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.
An actor commits retaliation against a witness, victim, or informant if the actor:
believes that an official proceeding or investigation is pending, is about to be brought, or has been concluded;
makes a threat of harm or causes harm; and
directs the threat or action causing harm as retaliation or retribution against a witness or an informant involved in an official proceeding, a victim of a crime, or an individual closely associated with a witness, victim, or informant.
A violation of Subsection (2) is a third degree felony.
A violation under this section does not merge with another substantive offense committed in the course of violating this section.
This section does not prohibit an individual from seeking other legal redress to which the individual is otherwise entitled.
Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 2011–2026 · leading case: Chilcoat v. San Juan Cnty., 41 F.4th 1196 (10th Cir. 2022).
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Chilcoat v. San Juan Cnty., 41 F.4th 1196 (10th Cir. 2022). · cites it 2× “4 Utah Code Ann. § 76-8-507 (1) (West 2002).”
State v. Trujillo, 2017 UT App 116 (Utah Ct. App. 2017). · cites it 8× “See Utah Code Ann. § 76-8-508.3 (2) (Lexis-Nexis 2012).”
State v. Johnson, 2015 UT App 312 (Utah Ct. App. 2015). · cites it 6× “Utah Code Ann. § 76-8-508.3 (2) (LexisNexis 2012) (spacing reformatted and subsection symbols omitted).”
Salt Lake City v. Josephson, 2019 UT 6 (Utah 2019). “§ 76-8-508.3(4) ("The offense of retaliation against a witness, victim, or informant under this section does not merge with any other substantive offense committed in the course of committing any offense under this section.”
State v. Trujillo, 2019 UT 5 (Utah 2019). · cites it 9× “Because the phrase "as retaliation or retribution" necessarily limits the scope of the statute to those instances where a threat is made as an intended form of retaliation or retribution, we conclude that the statute criminalizes only those threats that the threat-maker intended…”
State v. Walton, 2019 UT App 187 (Utah Ct. App. 2019). · cites it 3× “22(e)(1)(A), because the Injunction is a life-long restriction that extends his sentence well beyond the five-year maximum for a third-degree felony conviction of retaliation against a witness, see Utah Code Ann. § 76-8-508.3 (2) (LexisNexis 2017) (providing that retaliation…”
State v. Cooper, 2011 UT App 412 (Utah Ct. App. 2011). · cites it 2× “The State also charged, but later dropped, four counts of retaliation against a witness, victim, or informant, see Utah Code Ann. § 76-8-508.3 (2008). 5 . At trial, the jury was correctly instructed that "filing," see Utah Code Ann.”
State v. Samulski, 2016 UT App 226 (Utah Ct. App. 2016). “§ 76-8-508.3 (2012). ¶3 After plea negotiations, Samulski agreed to plead guilty to the retaliation felony in exchange for the State’s dismissal of the misdemeanor charge, the recommendation that Samulski receive “no prison time” for his conviction, and the reduction of the…”
Blazier v. Larson, 443 F. App'x 334 (10th Cir. 2011). “Larson, claiming they violated his constitutional rights in connection with an aborted prosecution under Utah Code Ann. § 76-8-508.3 (“Retaliation against a witness, victim or informant”).”
Chilcoat (D. Utah 2025). · cites it 4× “Chilcoat, exercising the authority granted to him under Utah Code § 17-18a-401(1).”
State v. Nilsson, 2021 UT App 27 (Utah Ct. App. 2021). · cites it 5× “Utah Code Ann. § 76-8-508.3 (2) (LexisNexis 2017).”
Carter (D. Utah 2026). “§§ 76-8-508.3 , 76-9-702, 76-9-702.1 (2026)).”
Show all 13 citing cases →
— Utah Code § 76-8-508.3(1)(b) — 1 case
State v. Nilsson, 2021 UT App 27 (Utah Ct. App. 2021). “Utah Code Ann. § 76-8-508.3 (2) (LexisNexis 2017).”
— Utah Code § 76-8-508.3(2) — 1 case
State v. Trujillo, 2019 UT 5 (Utah 2019). “Because the phrase "as retaliation or retribution" necessarily limits the scope of the statute to those instances where a threat is made as an intended form of retaliation or retribution, we conclude that the statute criminalizes only those threats that the threat-maker intended…”
— Utah Code § 76-8-508.3(2)(b)(ii) — 1 case
State v. Trujillo, 2019 UT 5 (Utah 2019). “Because the phrase "as retaliation or retribution" necessarily limits the scope of the statute to those instances where a threat is made as an intended form of retaliation or retribution, we conclude that the statute criminalizes only those threats that the threat-maker intended…”
— Utah Code § 76-8-508.3(4) — 1 case
Salt Lake City v. Josephson, 2019 UT 6 (Utah 2019). “§ 76-8-508.3(4) ("The offense of retaliation against a witness, victim, or informant under this section does not merge with any other substantive offense committed in the course of committing any offense under this section.”
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