US Lawyer Database

78B-6-605. Penalties for wrongful acts of defendant.

  • (1) A defendant, officer, or other person is guilty of a class B misdemeanor and liable to the injured party in an amount not to exceed $5,000 if:
    • (a) the defendant attempts to evade the service of the writ of habeas corpus; or
    • (b) an officer or other person willfully fails to comply with the legal duties imposed upon him or disobeys an order to release a person in custody.
  • (2) Any person knowingly aiding in or abetting invalidation of this section is subject to the same punishment and forfeiture.

Enacted by Chapter 3, 2008 General Session