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 (2026)

Tampering with a witness

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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 tampering with a witness if the actor:
believes that an official proceeding or investigation is pending or about to be instituted; or
intends to prevent an official proceeding or investigation; and
attempts to induce or otherwise cause another individual to:
testify or inform falsely;
withhold testimony, information, a document, or an item;
elude legal process summoning the individual to provide evidence; or
absent the individual from a proceeding or investigation to which the individual has been summoned.
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.

Amended by Chapter 96, 2024 General Session

Notes of Decisions
Cited in 30 cases (1 in the last 5 years), 1979–2023 · leading case: State v. Burk, 839 P.2d 880 (Utah Ct. App. 1992).
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State v. Burk, 839 P.2d 880 (Utah Ct. App. 1992). · cites it 24× “§ 76-6-102 (1990), and of tampering with a witness, a third degree felony, in violation of Utah Code Ann. § 76-8-508 (1990). We affirm.”
State v. Geukgeuzian, 2004 UT 16, 86 P.3d 742. · cites it 8× “” See Utah Code Ann. § 76-8-508 (1). Relying on the proposed instructions submitted by both parties, the trial court gave a jury instruction very similar to that proposed by both Geukgeuzian and the State with no separate mens rea requirement.”
State v. Plexico, 2016 UT App 118, 376 P.3d 1080. · cites it 10× “Section 76-8-508 provides, Utah Code Ann. § 76-8-508 (1) (LexisNexis 2012), Thus, based on the plain language of the statute, to convict Plexico the jury must have found that she (1) knew an official proceeding was pending or intended to prevent an official proceeding and (2)…”
State v. Bradley, 752 P.2d 874 (Utah 1988). · cites it 8× “), aggravated burglary, a first degree felony in violation of section 76-6-203, and tampering with a witness, a third degree felony in violation of section 76-8-508. He appeals from all three convictions claiming that the evidence adduced at trial failed as a matter of law to…”
State v. Jones, 2016 UT 4, 365 P.3d 1212. · cites it 5× “Associate Chief Justice LEE, opinion of the Court: ¶ 1 Adam Jones stands charged with official misconduct under Utah Code section 76-8-201 and with witness tampering under Utah Code section 76-8-508(1). At a preliminary hearing in the district court, the magistrate judge refused…”
State v. Tolman, 775 P.2d 422 (Utah Ct. App. 1989). · cites it 10× “OPINION GREENWOOD, Judge: Ralph Tolman (Tolman) appeals from his conviction of tampering with a witness, a class A misdemeanor in violation of Utah Code Ann. § 76-8-508 (1978), and official misconduct, a class B misdemeanor in violation of Utah Code Ann.”
State v. Geukgeuzian, 2002 UT App 130, 54 P.3d 640. · cites it 16× “*642 OPINION JACKSON, Presiding Judge: ¶ 1 Defendant appeals his convictions for Tampering with witness, a third degree felony, under Utah Code Ann. § 76-8-508 (1) (Supp.2001), and making a Written false statement, a class B misdemeanor, under Utah Code Ann.”
State v. Spainhower, 1999 UT App 280, 988 P.2d 452. · cites it 12× “OPINION ORME, Judge: ¶ 1 Appellant, Gary Wayne Spainhower, appeals his conviction for retaliation against a witness, in violation of Utah Code Ann. § 76-8-508 (2)(e) (1995), arguing the evidence presented by the State was insufficient to make a pilma facie showing that he…”
State v. Whytock, 2020 UT App 107, 469 P.3d 1150. · cites it 2× “Whytock correctly points out that the witness tampering statute under which he was charged does not set forth any specific level of mens rea necessary for conviction, see Utah Code Ann. § 76-8-508 (LexisNexis 2019), and therefore the “default” level of mens rea applies,…”
State v. Yanez, 2002 UT App 50, 42 P.3d 1248. · cites it 8× “Official Investigation 112 Defendant was charged with witness tampering in violation of Utah Code Ann. § 76-8-508 (2)(c) (1999), which provides: A person is guilty of a third degree felony if he: [[Image here]] (c) communicates to a person a threat that a reasonable person would…”
State v. Hildreth, 2010 UT App 209, 238 P.3d 444. · cites it 4× “Hildreth was also charged with witness tampering, see Utah Code Ann. § 76-8-508 (2008), in connection with T.”
State v. Kirby, 2016 UT App 193, 382 P.3d 644. · cites it 4× “Before long, their room became a crime scene, and Kirby was charged and later convicted of tampering with a witness, a third degree felony, see Utah Code Ann. § 76-8-508 (1) (LexisNexis 2012); aggravated assault, a second degree felony, see id.”
Show all 30 citing cases →
Utah Code § 76-8-508(1): 7 cases
State v. Geukgeuzian, 2004 UT 16, 86 P.3d 742. “” See Utah Code Ann. § 76-8-508 (1). Relying on the proposed instructions submitted by both parties, the trial court gave a jury instruction very similar to that proposed by both Geukgeuzian and the State with no separate mens rea requirement.”
State v. Jones, 2016 UT 4, 365 P.3d 1212. “Associate Chief Justice LEE, opinion of the Court: ¶ 1 Adam Jones stands charged with official misconduct under Utah Code section 76-8-201 and with witness tampering under Utah Code section 76-8-508(1). At a preliminary hearing in the district court, the magistrate judge refused…”
State v. Kirby, 2016 UT App 193, 382 P.3d 644. “Before long, their room became a crime scene, and Kirby was charged and later convicted of tampering with a witness, a third degree felony, see Utah Code Ann. § 76-8-508 (1) (LexisNexis 2012); aggravated assault, a second degree felony, see id.”
State v. Davie, 2011 UT App 380, 264 P.3d 770.
State v. Jones, 2014 UT App 142, 330 P.3d 97.
Utah Code § 76-8-508(1)(a): 2 cases
State v. Finlayson, 2014 UT App 282, 362 P.3d 926.
State v. Taylor, 2023 UT App 133, 539 P.3d 351.
Utah Code § 76-8-508(1)(b): 1 case
State v. Taylor, 2023 UT App 133, 539 P.3d 351.
Utah Code § 76-8-508(3): 1 case
Salt Lake City v. Josephson, 2019 UT 6, 435 P.3d 255.
Utah Code § 76-8-508(l)(d): 1 case
Carlsen v. Morris, 556 F. Supp. 320 (D. Utah 1982).
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