Utah Code 58-37c-19.7. Red phosphorus is a precursor — Affirmative defense
Current as of: 2023 | Check for updates
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(1) | A person is guilty of a class A misdemeanor who is not licensed to engage in a regulated transaction and is not excepted from licensure who, under circumstances not amounting to a violation of Subsection 58-37c-3(11)(k) or 58-37d-4(1)(a), possesses any amount of red phosphorus. |
Class | Prison | Fine |
---|---|---|
class A misdemeanor | up to 364 days | up to $2,500 |
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Terms Used In Utah Code 58-37c-19.7
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3
- Regulated transaction: means any actual, constructive or attempted:
(a) transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or (b) purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3 - Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use:
(a) in both number of sales and volume of sales; and (b) either directly to walk-in customers or in face-to-face transactions by direct sales. See Utah Code 58-37c-3 - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) It is an affirmative defense to a charge under Subsection (1) that the person in possession of red phosphorus: (b) (i) is a wholesaler, manufacturer, warehouseman, or common carrier handling red phosphorus, or is an agent of any of these persons; and (ii) possesses the substances in the regular course of lawful business activities. (3) (a) A defendant shall provide written notice of intent to claim an affirmative defense under this section as soon as practicable, but not later than 10 days prior to trial. The court may waive the notice requirement in the interest of justice for good cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice. (b) The notice shall include the specifics of the affirmative defense. (c) The defendant shall establish the affirmative defense by a preponderance of the evidence. If the defense is established, it is a complete defense to the charges. (4) Subsection (1) does not apply to: (a) a chemistry or chemistry-related laboratory maintained by: (i) a public or private regularly established secondary school; or (ii) a public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education; or (b) a retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of any of these persons who possesses red phosphorus in the regular course of lawful business activities. Amended by Chapter 262, 2013 General Session
Amended by Chapter 413, 2013 General Session - Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use: