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Utah Code Title 76. Utah Criminal Code § 76-8-311.9. Prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) As used in this section:

(i) “Correctional facility” means the same as that term is defined in Section 76-8-311.3.

(ii) “Electronic cigarette product” means the same as that term is defined in Section 76-10-101.

(iii) “Nicotine product” means the same as that term is defined in Section 76-10-101.

(iv) “Offender” means the same as that term is defined in Section 76-8-311.3.

(v) “Tobacco product” means the same as that term is defined in Section 76-10-101.

(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:

(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;

(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

(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 76-8-311.3, 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.

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Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-8-311.9. Prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-8-311-9/

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