Utah Code 76-10-115. Unlawful transfer or use of proof of age
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
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 |
Terms Used In Utah Code 76-10-115
- Cigarette: means a product that contains nicotine, is intended to be heated or burned under ordinary conditions of use, and consists of:(3)(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or(3)(b) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection (3)(a). See Utah Code 76-10-101
- 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
- Nicotine product: means an alternative nicotine product or a nontherapeutic nicotine product. See Utah Code 76-10-101
- Retail tobacco specialty business: means the same as that term is defined in Section
26B-7-501 . See Utah Code 76-10-101- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- 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- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) “Proof of age” means:(1)(a)(i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;(1)(a)(ii) a valid identification that:(1)(a)(ii)(A) is substantially similar to an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;(1)(a)(ii)(B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;(1)(a)(ii)(C) includes date of birth; and(1)(a)(ii)(D) has a picture affixed;(1)(a)(iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;(1)(a)(iv) a valid United States military identification card that:(1)(a)(iv)(A) includes date of birth; and(1)(a)(iv)(B) has a picture affixed; or(1)(a)(v) a valid passport.(1)(b) “Proof of age” does not include a driving privilege card issued in accordance with Section 53-3-207.(2) An individual is guilty of a class B misdemeanor if the individual knowingly and intentionally transfers that individual’s proof of age to another individual to aid that individual in:(2)(a) purchasing a tobacco product, an electronic cigarette product, or a nicotine product; or(2)(b) gaining admittance to any part of the premises of a retail tobacco specialty business.(3) An individual is guilty of a class A misdemeanor if the individual knowingly and intentionally uses proof of age containing false information with the intent to:(3)(a) purchase a tobacco product, an electronic cigarette product, or a nicotine product; or(3)(b) gain admittance to any part of the premises of a retail tobacco specialty business.(4) Subsections (2) and (3) do not apply to an individual who uses a false identification in accordance with Subsection 77-39-101(4) at the request of a peace officer. - Electronic cigarette: includes an oral device that is: