1. (1) Terms defined in Sections 76-1-101.5 and 76-6-503.5 apply to this section.

2. (2) An actor commits fraudulent handling of recordable writings if the actor:

   1. (a) has intent to deceive or injure; and
   2. (b) falsifies, destroys, removes, records, or conceals any will, deed, mortgage, security instrument, lien, or other writing for which the law provides public recording.

3. (3)

   1. (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
   2. (b) If an actor has been previously convicted of an offense under this section or Section 76-6-503.5, a violation of Subsection (2) is a second degree felony.
4. (4) This section does not prohibit prosecution for any act in violation of Section 76-8-414 or for any offense greater than an offense under this section.
5. (5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
6. (6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.

Enacted by Chapter 111, 2023 General Session