Utah § 67-16-5 - Accepting gift, compensation, or loan -- When prohibited.
Full text of Utah Utah Code § 67-16-5 — Accepting gift, compensation, or loan -- When prohibited., with citation guidance and answers to common questions.
§ 67-16-5. Accepting gift, compensation, or loan -- When prohibited.
Effective 3/29/2014 67-16-5.
Accepting gift, compensation, or loan -- When prohibited.
(1)
As used in this section, "economic benefit tantamount to a gift" includes:
(a)
a loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans; and
(b)
compensation received for private services rendered at a rate substantially exceeding the fair market value of the services.
(2)
Except as provided in Subsection (4), it is an offense for a public officer or public employee to knowingly receive, accept, take, seek, or solicit, directly or indirectly for himself or another a gift of substantial value or a substantial economic benefit tantamount to a gift:
(a)
that would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties;
(b)
that the public officer or public employee knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the public officer or public employee for official action taken; or
(c)
if the public officer or public employee recently has been, is now, or in the near future may be involved in any governmental action directly affecting the donor or lender, unless a disclosure of the gift, compensation, or loan and other relevant information has been made in the manner provided in Section 67-16-6.
an occasional nonpecuniary gift, having a value of not in excess of $50;
(b)
an award publicly presented in recognition of public services;
(c)
any bona fide loan made in the ordinary course of business; or
(d)
a political campaign contribution.
(4)
This section does not apply to a public officer or public employee who engages in conduct that constitutes a violation of this section to the extent that the public officer or public employee is chargeable, for the same conduct, under Section 63G-6a-2404 or Section 76-8-105.
Section 67-16-5 ("Accepting gift, compensation, or loan -- When prohibited.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 67-16-5?
A common citation format is "Utah Code § 67-16-5" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 67-16-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
