2006 Utah Code - 17-16a-4 — Prohibited use of official position -- Exception.

     17-16a-4.   Prohibited use of official position -- Exception.
     (1) Except as provided in Subsection (3), it is an offense for an elected or appointed officer, under circumstances not amounting to a violation of Section 63-56-1001 or 76-8-105, to:
     (a) disclose confidential information acquired by reason of his official position or use that information to secure special privileges or exemptions for himself or others;
     (b) use or attempt to use his official position to secure special privileges for himself or others; or
     (c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or loan for himself or another if the gift or loan tends to influence him in the discharge of his official duties.
     (2) This section is inapplicable to:
     (a) an occasional nonpecuniary gift having a value of less than $50;
     (b) an award publicly presented;
     (c) any bona fide loan made in the ordinary course of business; or
     (d) political campaign contributions actually used in a political campaign.
     (3) A member of a county legislative body who is also a member of the governing board of a provider of mental health or substance abuse services under contract with the county does not commit an offense under Subsection (1)(a) or (b) by discharging, in good faith, the duties and responsibilities of each position, if the county legislative body member does not participate in the process of selecting the mental health or substance abuse service provider.

Amended by Chapter 25, 2005 General Session
Amended by Chapter 45, 2005 General Session