When You Must Give Your Name
Utah Code 76-8-301.5 — a name or date of birth during a lawful stop, a class B misdemeanor to refuse
A peace officer may stop a person in a public place on a reasonable suspicion that the person has committed, is committing or is attempting a public offense, and may demand the person's name, address, date of birth and an explanation of their actions.
Who handles this in Utah: legal aid programs and the state offices, listed in the Utah directory.
Failure to disclose identity is a class B misdemeanor. It takes all four of these: a lawful stop, a demand for the name or date of birth, a demand reasonably related to the reason for the stop, and an answer that would not present a reasonable danger of self incrimination.
- The crime is not giving a name or a date of birth. The address and the explanation the officer may ask for are not part of it.
- There is no crime where the stop itself was not lawful.
An officer who has stopped a person for questioning may frisk the person for a dangerous weapon if the officer reasonably believes the officer or anyone else is in danger.
The Supreme Court of the United States has held that an officer who can point to specific facts suggesting criminal activity may stop a person briefly to investigate, and may pat down their outer clothing for weapons where the officer reasonably believes the person is armed and dangerous. It has also held that a state law requiring a person lawfully detained on reasonable suspicion to state their name does not violate the Fourth Amendment. Whether any such duty exists is a question of the state's own statute, which is what this page sets out. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (5)
- Utah Code 77-7-15 — Authority of peace officer to stop and question suspect -- Grounds
- Utah Code 76-8-301.5 — Failure to disclose identity
- Utah Code 77-7-16 — Authority of peace officer to frisk suspect for dangerous weapon -- Grounds
- Terry v. Ohio, 392 U.S. 1 (1968) — Investigative stops require reasonable suspicion
- Hiibel v. Sixth Judicial District, 542 U.S. 177 (2004) — A stop and identify law may be enforced only once reasonable suspicion exists
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Utah attorney.