Utah Code 76-8-311.9. Prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility
Current as of: 2024 | Check for updates
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Other versions
(1)
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 |
Terms Used In Utah Code 76-8-311.9
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- 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
(1)(a) As used in this section:
(1)(a)(i) “Correctional facility” means the same as that term is defined in Section 76-8-311.3 .
(1)(a)(ii) “Electronic cigarette product” means the same as that term is defined in Section 76-10-101 .
(1)(a)(iii) “Nicotine product” means the same as that term is defined in Section 76-10-101 .
(1)(a)(iv) “Offender” means the same as that term is defined in Section 76-8-311.3 .
(1)(a)(v) “Tobacco product” means the same as that term is defined in Section 76-10-101 .
(1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility if the actor, with the intent to directly or indirectly provide or sell a tobacco product, electronic cigarette product, or nicotine product to an offender, directly or indirectly:
(2)(a) transports, delivers, or distributes a tobacco product, electronic cigarette product, or nicotine product to an offender or on the grounds of a correctional facility;
(2)(b) solicits, requests, commands, coerces, encourages, or intentionally aids another individual to transport a tobacco product, electronic cigarette product, or nicotine product to an offender or on the grounds of a correctional facility, if the other individual is acting with the mental state required for the commission of an offense; or
(2)(c) facilitates, arranges, or causes the transport of a tobacco product, electronic cigarette product, or nicotine product in violation of this section or Section 76-8-311.3 to an offender or on the grounds of a correctional facility.
(3) Except as provided in Subsection (4), a violation of Subsection (2) is a class A misdemeanor.
(4) The defenses provided in Section 76-8-311.3 apply to this section.
(5) In accordance with Section 76-10-311.3 , the Department of Corrections shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines for providing written notice to visitors that providing a tobacco product, electronic cigarette product, or nicotine product to an offender is a class A misdemeanor.