76-10-104.1.  Providing tobacco paraphernalia to a minor — Penalties.

(1)  As used in this section, “provides”:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 76-10-104.1

  • 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 paraphernalia: includes :
    (i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
    (ii) water pipes;
    (iii) carburetion tubes and devices;
    (iv) smoking and carburetion masks;
    (v) roach clips, meaning objects used to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand;
    (vi) chamber pipes;
    (vii) carburetor pipes;
    (viii) electric pipes;
    (ix) air-driven pipes;
    (x) chillums;
    (xi) bongs; and
    (xii) ice pipes or chillers. 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
  • (a)  includes selling, giving, furnishing, sending, or causing to be sent; and

    (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) 

(a)  It is unlawful for an individual to knowingly, intentionally, recklessly, or with criminal negligence provide tobacco paraphernalia to an individual under 21 years old.

(b)  An individual who violates this section is guilty of:

(i)  a class C misdemeanor on the first offense; and

(ii)  a class B misdemeanor on any subsequent offense.

Amended by Chapter 302, 2020 General Session
Amended by Chapter 347, 2020 General Session