Illegal destruction or falsification of health care directive.

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  • (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 of another without the declarant's consent; or
    • (b) falsifies, forges, or alters a health care directive or a revocation of the health care directive 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 life sustaining procedures contrary to the wishes of a declarant resulting in the death of the declarant.




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