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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.

  • Utah Code 77-7-15
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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.

  • Utah Code 77-7-16

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.

  • Terry v. Ohio
  • Hiibel v. Sixth Judicial District
Sources for this section (5)
  1. Utah Code 77-7-15 — Authority of peace officer to stop and question suspect -- Grounds
  2. Utah Code 76-8-301.5 — Failure to disclose identity
  3. Utah Code 77-7-16 — Authority of peace officer to frisk suspect for dangerous weapon -- Grounds
  4. Terry v. Ohio, 392 U.S. 1 (1968) — Investigative stops require reasonable suspicion
  5. 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.

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Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.