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Utah criminal charge

Obstruction of justice in a criminal investigation or proceeding in Utah

Current through 2026 Utah legislative session

Obstruction of justice in a criminal investigation or proceeding is a criminal offense under Utah law, defined by Utah Code Ann. § 76-8-306. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Utah Code Ann. § 76-8-306.

What is the penalty for obstruction of justice in a criminal investigation or proceeding in Utah?

Penalties for Obstruction of justice in a criminal investigation or proceeding
PenaltyRangeBasisAuthority
Jail / prison1 years to 15 years (Underlying offense is capital or first degree felony — The conduct that constitutes the underlying offense would be a capital felony or first degree felony.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $10,000 (Underlying offense is capital or first degree felony — The conduct that constitutes the underlying offense would be a capital felony or first degree felony.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prisonup to 5 years (Underlying offense is second/third degree felony with specified conduct — The underlying conduct would be a second or third degree felony and the actor violates Subsection (2)(b), (c), (d), (e), or (f).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $5,000 (Underlying offense is second/third degree felony with specified conduct — The underlying conduct would be a second or third degree felony and the actor violates Subsection (2)(b), (c), (d), (e), or (f).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prisonCatch-all violation — Any violation of this section that is not otherwise enumerated under Subsection (3)(a) or (3)(b).; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1))discretionaryUtah Code Ann. § 76-3-204
Fineup to $2,500 (Catch-all violation — Any violation of this section that is not otherwise enumerated under Subsection (3)(a) or (3)(b).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204

Applies to current (2026 General Session).

How is obstruction of justice in a criminal investigation or proceeding classified in Utah?

The classification depends on the circumstances:

Classification variants for Obstruction of justice in a criminal investigation or proceeding
VariantClassificationWhen it appliesStatute
Underlying offense is capital or first degree felonySecond Degree FelonyThe conduct that constitutes the underlying offense would be a capital felony or first degree felony.Utah Code Ann. § 76-8-306(3)(a)
Underlying offense is second/third degree felony with specified conductThird Degree FelonyThe underlying conduct would be a second or third degree felony and the actor violates Subsection (2)(b), (c), (d), (e), or (f).Utah Code Ann. § 76-8-306(3)(b)(i)
Catch-all violationClass A MisdemeanorAny violation of this section that is not otherwise enumerated under Subsection (3)(a) or (3)(b).Utah Code Ann. § 76-8-306(3)(c)

Common questions about obstruction of justice in a criminal investigation or proceeding in Utah

Is obstruction of justice in a criminal investigation or proceeding a felony or a misdemeanor in Utah?

It depends on the circumstances: obstruction of justice in a criminal investigation or proceeding ranges from a Class A Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-8-306.

Underlying offense is capital or first degree felony: Second Degree Felony (Utah Code Ann. § 76-8-306(3)(a)) · Underlying offense is second/third degree felony with specified conduct: Third Degree Felony (Utah Code Ann. § 76-8-306(3)(b)(i)) · Catch-all violation: Class A Misdemeanor (Utah Code Ann. § 76-8-306(3)(c))

What are the penalties for obstruction of justice in a criminal investigation or proceeding in Utah?

Penalties for obstruction of justice in a criminal investigation or proceeding in Utah depend on how it is classified — from a Class A Misdemeanor up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.

Which Utah statute covers obstruction of justice in a criminal investigation or proceeding?

Obstruction of justice in a criminal investigation or proceeding is governed by Utah Code Ann. § 76-8-306 (Obstruction of justice in a criminal investigation or proceeding).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.