1. (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.

2. (2) An actor commits making a false statement to be used in a preliminary hearing if the actor makes a false statement that:

   1. (a) the actor does not believe to be true;
   2. (b) the actor has reason to believe will be used in a preliminary hearing; and

   3. (c) the actor made after having been notified either verbally or in writing that:

      1. (i) the statement may be used in a preliminary hearing before a magistrate or a judge; and
      2. (ii) if the actor makes a false statement after having received this notification, the actor is subject to a criminal penalty.
3. (3) A violation of Subsection (2) is a class A misdemeanor.
4. (4) It is not a defense to prosecution under this section that, if applicable, an oath or affirmation was administered or taken in an irregular manner.
5. (5) A notification under Subsection (2)(c) is sufficient if the notification is verbal or written and is in substantially the following form: "You are notified that statements you are about to make may be presented to a magistrate or a judge in lieu of your sworn testimony at a preliminary examination. Any false statement you make and that you do not believe to be true may subject you to criminal punishment as a class A misdemeanor."

Amended by Chapter 96, 2024 General Session