Utah Code 76-10-104. Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor — Penalties
Current as of: 2024 | Check for updates
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(1) As used in this section “provides”:
For details, see Utah Code § 76-3-204
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 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 76-10-104
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Electronic cigarette: includes an oral device that is:(4)(b)(i) composed of a heating element, battery, or electronic circuit; and(4)(b)(ii) marketed, manufactured, distributed, or sold as:(4)(b)(ii)(A) an e-cigarette;(4)(b)(ii)(B) an e-cigar;(4)(b)(ii)(C) an e-pipe; or(4)(b)(ii)(D) any other product name or descriptor, if the function of the product meets the definition of Subsection (4)(a). See Utah Code 76-10-101
- Nicotine: means a poisonous, nitrogen containing chemical that is made synthetically or derived from tobacco or other plants. See Utah Code 76-10-101
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Tobacco product: means :
(20)(a) a cigar;(20)(b) a cigarette; or(20)(c) tobacco in any form, including:(20)(c)(i) chewing tobacco; and(20)(c)(ii) any substitute for tobacco, including flavoring or additives to tobacco. See Utah Code 76-10-101- Tobacco retailer: means :
(21)(a) a general tobacco retailer, as that term is defined in Section26B-7-501 ; or(21)(b) a retail tobacco specialty business. See Utah Code 76-10-101- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) includes selling, giving, furnishing, sending, or causing to be sent; and(1)(b) does not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others or the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package’s content.(2) An individual who knowingly, intentionally, recklessly, or with criminal negligence provides a tobacco product, an electronic cigarette product, or a nicotine product to an individual who is under 21 years old, is guilty of:(2)(a) a class C misdemeanor on the first offense;(2)(b) a class B misdemeanor on the second offense; and(2)(c) a class A misdemeanor on any subsequent offense.(3) This section does not apply to conduct of an employee of a tobacco retailer that is a violation of Section 76-10-114.