(1) |
As used in this section:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
Class | Prison | Fine |
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class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-10-114- Cigarette: means a product that contains nicotine, is intended to be heated or burned under ordinary conditions of use, and consists of:
(a) | any roll of tobacco wrapped in paper or in any substance not containing tobacco; or |
(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:
(i) | composed of a heating element, battery, or electronic circuit; and |
(ii) | marketed, manufactured, distributed, or sold as:(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
- Tobacco product: means :
(c) | tobacco in any form, including:(ii) | any substitute for tobacco, including flavoring or additives to tobacco. See Utah Code 76-10-101- Tobacco retailer: means :
(a) | a general tobacco retailer, as that term is defined in Section 26B-7-501; or |
(b) | a retail tobacco specialty business. See Utah Code 76-10-101 |
(a) |
“Compensatory service” means service or unpaid work performed by an employee, in lieu of the payment of a fine or imprisonment. |
(b) |
“Employee” means an employee or an owner of a tobacco retailer. |
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(2) |
It is unlawful for an employee to knowingly or intentionally sell or give a tobacco product, an electronic cigarette product, or a nicotine product in the course of business to an individual who is under 21 years old. |
(3) |
An employee who violates this section is:
(a) |
on a first violation:
(i) |
guilty of an infraction; and |
(ii) |
subject to:
(A) |
a fine not exceeding $1,000; or |
(B) |
compensatory service; |
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(b) |
on any subsequent violation:
(i) |
guilty of a class C misdemeanor; and |
(ii) |
subject to:
(A) |
a fine not exceeding $2,000; or |
(B) |
compensatory service. |
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Amended by Chapter 12, 2021 Special Session 1
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