76-5-113. Surreptitious administration of certain substances — Definitions — Penalties — Defenses.
(1) |
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 A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-5-113- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fraud: Intentional deception resulting in injury to another.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writing: includes :Utah Code 68-3-12.5
(a) |
As used in this section:
(i) |
“Administer” means the introduction of a substance into the body by injection, inhalation, ingestion, or by any other means. |
(ii) |
“Alcoholic beverage” means the same as that term is defined in Section 32B-1-102. |
(iii) |
“Controlled substance” means the same as that term is defined in Section 58-37-2. |
(iv) |
“Deleterious substance” means a substance which, if administered, would likely cause bodily injury. |
(v) |
“Health care provider” means the same as that term is defined in Section 78B-3-403. |
(vi) |
“Poisonous” means a substance which, if administered, would likely cause serious bodily injury or death. |
(vii) |
“Prescription drug” means the same as that term is defined in Section 58-17b-102. |
(viii) |
“Serious bodily injury” means the same as that term is defined in Section 19-2-115. |
(ix) |
“Substance” means a controlled substance, poisonous substance, or deleterious substance. |
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(b) |
Terms defined in Section 76-1-101.5 apply to this section. |
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(2) |
An actor commits surreptitious administration of a certain substance if the actor, surreptitiously or by means of fraud, deception, or misrepresentation, causes an individual to unknowingly consume or receive the administration of:
(a) |
any poisonous, deleterious, or controlled substance; or |
(b) |
any alcoholic beverage. |
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(3) |
A violation of Subsection (2) is:
(a) |
a second degree felony if the substance is a poisonous substance, regardless of whether the substance is a controlled substance or a prescription drug; |
(b) |
a third degree felony if the substance is not within the scope of Subsection (3)(a), and is a controlled substance or a prescription drug; or |
(c) |
a class A misdemeanor if the substance is a deleterious substance or an alcoholic beverage. |
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(4) |
(a) |
It is an affirmative defense to a prosecution under Subsection (2) that the actor:
(i) |
provided the appropriate administration of a prescription drug; and |
(ii) |
acted on the reasonable belief that the actor’s conduct was in the best interest of the well-being of the individual to whom the prescription drug was administered. |
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(b) |
(i) |
The defendant shall file and serve on the prosecuting attorney a notice in writing of the defendant’s intention to claim a defense under Subsection (4)(a) not fewer than 20 days before the trial. |
(ii) |
The notice shall specifically identify the factual basis for the defense and the names and addresses of the witnesses the defendant proposes to examine to establish the defense. |
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(c) |
(i) |
The prosecuting attorney shall file and serve the defendant with a notice containing the names and addresses of the witnesses the prosecutor proposes to examine in order to contradict or rebut the defendant’s claim of an affirmative defense under Subsection (4)(a). |
(ii) |
This notice shall be filed or served not more than 10 days after receipt of the defendant’s notice under Subsection (4)(b), or at another time as the court may direct. |
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(d) |
(i) |
Failure of a party to comply with the requirements of Subsection (4)(b) or (4)(c) entitles the opposing party to a continuance to allow for preparation. |
(ii) |
If the court finds that a party’s failure to comply is the result of bad faith, it may impose appropriate sanctions. |
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(5) |
(a) |
This section does not diminish the scope of authorized health care by a health care provider. |
(b) |
Conduct in violation of Subsection (2) may also constitute a separate offense. |
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Amended by Chapter 330, 2023 General Session