75-2a-118 - Illegal destruction or falsification of health care directive.
75-2a-118. Illegal destruction or falsification of health care directive.
(1) A person is guilty of a class B misdemeanor if the person:
(a) willfully conceals, cancels, defaces, obliterates, or damages a health care directive ofanother without the declarant's consent; or
(b) falsifies, forges, or alters a health care directive or a revocation of the health caredirective of another person.
(2) A person is guilty of criminal homicide if:
(a) the person:
(i) falsifies or forges the health care directive of an adult; or
(ii) willfully conceals or withholds personal knowledge of:
(A) the existence of a health care directive;
(B) the revocation of a health care directive; or
(C) the disqualification of a surrogate; and
(b) the actions described in Subsection (2)(a) cause a withholding or withdrawal of lifesustaining procedures contrary to the wishes of a declarant resulting in the death of the declarant.
Amended by Chapter 107, 2008 General Session