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Records Management Division


39-16-504. Destruction of and tampering with governmental records.

(a) It is unlawful for any person to:
(1) Knowingly make a false entry in, or false alteration of, a governmental record;
(2) Make, present, or use any record, document or thing with knowledge of its falsity and with intent that it will be taken as a genuine governmental record; or
(3) Intentionally and unlawfully destroy, conceal, remove or otherwise impair the verity, legibility or availability of a governmental record.
(b) A violation of this section is a Class A misdemeanor.
(c) (1) Upon notification from any public official having custody of government records, including those created by municipal, county or state government agencies, that records have been unlawfully removed from a government records office, appropriate legal action may be taken by the city attorney, county attorney or attorney general, as the case may be, to obtain a warrant for possession of any public records which have been unlawfully transferred or removed in violation of this section.
(2) Such records shall be returned to the office of origin immediately after safeguards are established to prevent further recurrence of unlawful transfer or removal.

[Acts 1989, ch. 591, § 1; 1998, ch. 906, § 1.]

Amendments. The 1998 amendment added (c).
Effective Dates. Acts 1998, ch. 906, § 2. May 7, 1998.
Cross-References. Penalty for Class A misdemeanor, § 40-35-111.
Section to Section References. This section is referred to in §§ 5-23-107, 8-32-107.


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