Utah Code 32B-4-403. Unlawful sale, offer for sale, or furnishing to minor
Current as of: 2024 | Check for updates
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(1) A person may not sell, offer for sale, or furnish an alcoholic product to a minor.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 32B-4-403
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- Furnish: includes to:(47)(b)(i) serve;(47)(b)(ii) deliver; or(47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
- Health care practitioner: means :(50)(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;(50)(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;(50)(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;(50)(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act;(50)(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;(50)(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act;(50)(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act;(50)(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;(50)(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;(50)(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;(50)(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;(50)(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and(50)(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102
- Minor: means an individual under 21 years old. See Utah Code 32B-1-102
- offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Prescription: means an order issued by a health care practitioner when:(92)(a) the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes;(92)(b) the order is made in the course of that health care practitioner's professional practice; and(92)(c) the order is made for obtaining an alcoholic product for medicinal purposes only. See Utah Code 32B-1-102
(2)
(2)(a)
(2)(a)(i) Except as provided in Subsection (3), a person is guilty of a class B misdemeanor if the person who violates Subsection (1) negligently or recklessly fails to determine whether the recipient of the alcoholic product is a minor.
(2)(a)(ii) As used in this Subsection (2)(a), “negligently” means with simple negligence.
(2)(b) Except as provided in Subsection (3), a person is guilty of a class A misdemeanor if the person who violates Subsection (1) knows the recipient of the alcoholic product is a minor.
(3) This section does not apply to the furnishing of an alcoholic product to a minor in accordance with this title:
(3)(a) for medicinal purposes by:
(3)(a)(i) the parent or guardian of the minor; or
(3)(a)(ii) the health care practitioner of the minor, if the health care practitioner is authorized by law to write a prescription; or
(3)(b) as part of a religious organization’s religious services.