reglab/statecodes huggingface dataset:
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 9 - Offenses Against Public Order and Decency › Part 9 - Prohibition of Gang Activity › Section 904 - Failure to disperse -- Penalties.

76-9-904.
Failure to disperse -- Penalties.
(1)
(a) Failure to comply with an order issued under Subsection 76-9-903(1)(b) to disperse is a class B misdemeanor of failure to disperse.
(b) Any second and subsequent violation of Subsection (1)(a) is a class B misdemeanor of failure to disperse and is subject to a fine of not less than $100, unless the court finds mitigating circumstances justifying a lesser punishment and makes that finding a part of the court record.
(2)
(a) A person is guilty of a class B misdemeanor of subsequent failure to disperse who:
(i) is present in a public place with or as part of a group of two or more persons, and that group includes one or more persons a peace officer reasonably believes to be a member of a criminal street gang; and
(ii) is within sight or hearing of a location where a law enforcement officer issued an order to the person to disperse under Section 76-9-903 within the prior eight hours.
(b) A violation of Subsection (2)(a) is subject to a fine of not less than $100, unless the court finds mitigating circumstances justifying a lesser punishment and makes that finding a part of the court record.
Enacted by Chapter 86, 2009 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 9 - Offenses Against Public Order and Decency › Part 9 - Prohibition of Gang Activity › Section 905 - Designation of areas where orders to disperse are authorized and gang loitering is prohibited.

76-9-905.
Designation of areas where orders to disperse are authorized and gang loitering is prohibited.
(1) Municipal and county legislative bodies shall, within their respective jurisdictions, designate the areas within their jurisdictions that they have determined are subject to the enforcement of Section 76-9-903 because criminal street gangs have been able to or are attempting to:
(a) establish control over these identifiable areas;
(b) intimidate others from entering those areas; or
(c) conceal illegal activities conducted in those areas.
(2)
(a) Prior to designating areas subject to enforcement under Section 76-9-903, the legislative body shall consult, as appropriate, with persons who are knowledgeable about the effects of gang activity in areas where Section 76-9-903 may be enforced.
(b) Persons consulted under Subsection (2)(a) may include:
(i) members of local law enforcement agencies who have training or experience related to criminal street gangs;
(ii) other agency personnel with particular knowledge of gang activities in the proposed designated area;
(iii) elected and appointed officials of the area where the proposed designated area is located; and
(iv) representatives of community-based organizations.
(3) The municipal or county legislative body shall develop and implement procedures for periodic review and update of area designations it makes under Subsection (1).
Enacted by Chapter 86, 2009 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 9 - Offenses Against Public Order and Decency › Part 9 - Prohibition of Gang Activity › Section 906 - Protection of constitutional rights.

76-9-906.
Protection of constitutional rights.
(1) This section does not affect or limit any individual's constitutional right to engage in collective advocacy activities that are protected by the constitution or laws of this state or by the constitution or laws of the United States.
(2) The sheriff or chief of police shall issue a written directive to all agency employees that provides information on preventing the enforcement of Section 76-9-903 against persons who are engaged in constitutionally protected collective advocacy activities.
Enacted by Chapter 86, 2009 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 9 - Offenses Against Public Order and Decency › Part 9 - Prohibition of Gang Activity › Section 907 - Training for participating law enforcement officers.

Effective 5/8/2018
76-9-907.
Training for participating law enforcement officers.
The sheriff or chief of police implementing this part shall ensure that:
(1) all officers charged with enforcing this part successfully complete appropriate training on identification of gang members and criminal street gangs; and
(2) any training described in this section complies with Title 63G, Chapter 22, State Training and Certification Requirements.
Amended by Chapter 200, 2018 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 9 - Offenses Against Public Order and Decency › Part 10 - The Illegal Immigration Enforcement Act › Section 1002 - Definitions.

76-9-1002.
Definitions.
As used in this part:
(1) "Alien" means a person who is not a citizen or national of the United States.
(2) "ICE" means the federal Immigration and Customs Enforcement agency of the United States Department of Homeland Security.
(3) "Law enforcement officer" has the same meaning as in Section 53-13-103.
(4) "SAVE program" means the federal Systematic Alien Verification for Entitlements program operated by the federal Department of Homeland Security.
(5) "State or local governmental agency" includes any private contractor or vendor that contracts with the agency to provide the agency's functions or services.
(6) "Verify immigration status" or "verification of immigration status" means the determination of a person's immigration status by:
(a) a law enforcement officer who is authorized by a federal agency to determine an alien's immigration status; or
(b) the United States Department of Homeland Security, ICE, or other federal agency authorized to provide immigration status as provided by 8 U.S.C. Sec. 1373(c).
Enacted by Chapter 21, 2011 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 9 - Offenses Against Public Order and Decency › Part 10 - The Illegal Immigration Enforcement Act › Section 1004 - Grounds for presumption of lawful presence in United States -- Statement to officer.

76-9-1004.
Grounds for presumption of lawful presence in United States -- Statement to officer.
(1) A person is presumed to be lawfully present in the United States for the purposes of this part if the person provides one of the following documents to the law enforcement officer, unless the law enforcement officer has a reasonable suspicion that the document is false or identifies a person other than the person providing the document:
(a) a valid Utah driver license issued on or after January 1, 2010;
(b) a valid Utah identification card issued under Section 53-3-804 and issued on or after January 1, 2010;
(c) a valid tribal enrollment card or other valid form of tribal membership identification that includes photo identification;
(d) a valid identification document that:
(i) includes a photo or biometric identifier of the holder of the document; and
(ii) is issued by a federal, state, or local governmental agency that requires proof or verification of legal presence in the United States as a condition of issuance of the document; or
(e) a valid resident immigrant permit issued under Section 63G-14-204.
(2) A person is presumed to be a citizen or national of the United States for purposes of this part if the person makes a statement or affirmation to the law enforcement officer that the person is a United States citizen or national, unless the officer has a reasonable suspicion that the statement or affirmation is false.
Amended by Chapter 20, 2011 General Session, (Coordination Clause)
Enacted by Chapter 21, 2011 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 9 - Offenses Against Public Order and Decency › Part 10 - The Illegal Immigration Enforcement Act › Section 1005 - Illegal alien -- Notification of federal government -- Transportation to federal facility.

76-9-1005.
Illegal alien -- Notification of federal government -- Transportation to federal facility.
A state or local law enforcement agency may securely transport an alien who is in the agency's custody and whom the agency has verified is unlawfully present in the United States to a federal detention facility in this state or, with the concurrence of the receiving federal agency, to a federal facility or other point of transfer to federal custody that is outside this state.
Enacted by Chapter 21, 2011 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 9 - Offenses Against Public Order and Decency › Part 10 - The Illegal Immigration Enforcement Act › Section 1006 - Enforcement of federal immigration laws.

76-9-1006.
Enforcement of federal immigration laws.
A state or local governmental agency of this state, or any representative of the agency, may not:
(1) limit or restrict by ordinance, regulation, or policy the authority of any law enforcement agency or other governmental agency to assist the federal government in the enforcement of any federal law or regulation governing immigration; or
(2) limit or restrict by ordinance, regulation, or policy the authority of any law enforcement agency to investigate or enforce any violation of the federal misdemeanor offenses of willful failure to register as an alien or willful failure to personally possess an alien registration document as required by 8 U.S.C. Sec. 1304(e) or 1306(a).
Enacted by Chapter 21, 2011 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 9 - Offenses Against Public Order and Decency › Part 10 - The Illegal Immigration Enforcement Act › Section 1007 - Determining an alien's immigration status -- Transfer or maintenance of information.

Effective 2/2/2019
76-9-1007.
Determining an alien's immigration status -- Transfer or maintenance of information.
Except as limited by federal law, any state or local governmental agency is not restricted or prohibited in any way from sending, receiving, or maintaining information related to the lawful or unlawful immigration status of any person by communicating with any federal, state, or local governmental entity for any lawful purpose, including:
(1) determining a person's eligibility for any public benefit, service, or license provided by any federal agency, by this state, or by any political subdivision of this state;
(2) confirming a person's claim of residence or domicile if determination is required by state law or a judicial order issued pursuant to a civil or criminal proceeding in this state;
(3) if the person is an alien, determining if the person is in compliance with the federal registration laws of Title II, Part 7, Immigration and Nationality Act; or
(4) a valid request for verification of the citizenship or immigration status of any person pursuant to 8 U.S.C. Sec. 1373.
Amended by Chapter 2, 2018 Special Session 3
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 9 - Offenses Against Public Order and Decency › Part 10 - The Illegal Immigration Enforcement Act › Section 1008 - Proof of immigration status required to receive public benefits.

76-9-1008.
Proof of immigration status required to receive public benefits.
(1)
(a) An agency that provides state or local public benefits as defined in 8 U.S.C. Sec. 1621 shall comply with Section 63G-12-402 and shall also comply with this section, except:
(i) as provided in Subsection 63G-12-402(3)(g) or (k); or
(ii) when compliance is exempted by federal law or when compliance could reasonably be expected to be grounds for the federal government to withhold federal Medicaid funding.
(b) The agency shall verify a person's lawful presence in the United States by requiring that the applicant under this section sign a certificate under penalty of perjury, stating that the applicant:
(i) is a United States citizen; or
(ii) is a qualified alien as defined by 8 U.S.C. Sec. 1641.
(c) The certificate under Subsection (1)(b) shall include a statement advising the signer that providing false information subjects the signer to penalties for perjury.
(d) The signature under this Subsection (1) may be executed in person or electronically.
(e) When an applicant who is a qualified alien has executed the certificate under this section, the applicant's eligibility for benefits shall be verified by the agency through the federal SAVE program or an equivalent program designated by the United States Department of Homeland Security.
(2) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in a certificate executed under this section is guilty of public assistance fraud under Section 76-8-1205.
(3) If the certificate constitutes a false claim of United States citizenship under 18 U.S.C. Sec. 911, the agency requiring the certificate shall file a complaint with the United States Attorney for the applicable federal judicial district based upon the venue in which the certificate was executed.
(4) Agencies may, with the concurrence of the Utah Attorney General, adopt variations to the requirements of the provisions of this section that provide for adjudication of unique individual circumstances where the verification procedures in this section would impose unusual hardship on a legal resident of this state.
(5) If an agency under Subsection (1) receives verification that a person making an application for any benefit, service, or license is not a qualified alien, the agency shall provide the information to the local law enforcement agency for enforcement of Section 76-8-1205 unless prohibited by federal mandate.
Amended by Chapter 278, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 9 - Offenses Against Public Order and Decency › Part 10 - The Illegal Immigration Enforcement Act › Section 1009 - Implementation to be consistent with federal law and civil rights.

76-9-1009.
Implementation to be consistent with federal law and civil rights.
All state and local agencies shall implement this part in a manner that is consistent with federal laws that regulate immigration, protect the civil rights of all persons, and establish the privileges and immunities of United States citizens.
Enacted by Chapter 21, 2011 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 102 - Cigarettes and tobacco -- Advertising restrictions -- Warnings in smokeless tobacco advertisements.

76-10-102.
Cigarettes and tobacco -- Advertising restrictions -- Warnings in smokeless tobacco advertisements.
(1) It is a class B misdemeanor for any person to display on any billboard, streetcar sign, streetcar, bus, placard, or on any other object or place of display, any advertisement of cigarettes, cigarette papers, cigars, chewing tobacco, or smoking tobacco or any disguise or substitute of either, except that a dealer in cigarettes, cigarette papers, tobacco or cigars, or their substitutes, may have a sign on the front of his place of business stating that he is a dealer in the articles; provided that nothing herein shall be construed to prohibit the advertising of cigarettes, cigarette papers, chewing tobacco or smoking tobacco, or any substitute of either, in any newspaper, magazine or periodical printed or circulating in this state.
(2) Any advertisement for smokeless tobacco placed in a newspaper, magazine, or periodical published in this state must bear a warning which states: "Use of smokeless tobacco may cause oral cancer and other mouth disorders and is addictive." This warning must be in a conspicuous location and in conspicuous and legible type, in contrast with the typography, layout, and color of all other printed material in the advertisement. For purposes of this subsection, "smokeless tobacco" means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity or nasal passage. In the event the United States Congress passes legislation which requires warnings in advertisements of smokeless tobacco, the specific language required to be placed in advertisements by that legislation shall take precedence over this subsection.
Amended by Chapter 66, 1986 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 103 - Permitting minors to use tobacco products, electronic cigarette products, or nicotine products in place of business.

Effective 7/1/2020
76-10-103.
Permitting minors to use tobacco products, electronic cigarette products, or nicotine products in place of business.
It is a class C misdemeanor for the proprietor of any place of business to knowingly permit an individual under 21 years old to frequent a place of business while the individual is using a tobacco product, an electronic cigarette product, or a nicotine product.
Amended by Chapter 302, 2020 General Session
Amended by Chapter 347, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 104 - Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor -- Penalties.

Effective 7/1/2020
76-10-104.
Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor -- Penalties.
(1) As used in this section "provides":
(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) An individual who knowingly, intentionally, recklessly, or with criminal negligence provides a tobacco product, an electronic cigarette product, or a nicotine product to an individual who is under 21 years old, is guilty of:
(a) a class C misdemeanor on the first offense;
(b) a class B misdemeanor on the second offense; and
(c) a class A misdemeanor on any subsequent offense.
(3) This section does not apply to conduct of an employee of a tobacco retailer that is a violation of Section 76-10-114.
Amended by Chapter 302, 2020 General Session
Amended by Chapter 347, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 104.1 - Providing tobacco paraphernalia to a minor -- Penalties.

Effective 7/1/2020
76-10-104.1.
Providing tobacco paraphernalia to a minor -- Penalties.
(1) As used in this section, "provides":
(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
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 105 - Buying or possessing a tobacco product or an electronic cigarette product by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.

Effective 9/1/2021
76-10-105.
Buying or possessing a tobacco product or an electronic cigarette product by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
(1) An individual who is 18 years old or older, but younger than 21 years old, and who buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an electronic cigarette product, or a nicotine product is:
(a) guilty of an infraction; and
(b) subject to:
(i) a minimum fine or penalty of $60; and
(ii) participation in a court-approved tobacco education or cessation program, which may include a participation fee.
(2)
(a) An individual who is under 18 years old and who buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an electronic cigarette product, or a nicotine product is subject to a citation under Section 80-6-302, unless the violation is committed on school property under Section 53G-8-211.
(b) If a violation under this section is adjudicated under Section 80-6-701, the minor may be subject to the following:
(i) a fine or penalty, in accordance with Section 80-6-709; and
(ii) participation in a court-approved tobacco education program, which may include a participation fee.
(3)
(a) A compliance officer appointed by a board of education under Section 53G-4-402 may not issue a citation for a violation of this section committed on school property.
(b) A cited violation committed on school property shall be addressed in accordance with Section 53G-8-211.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 105.3 - Prohibition of sale or gift of clove cigarettes.

76-10-105.3.
Prohibition of sale or gift of clove cigarettes.
It is unlawful for any person to knowingly sell, offer for sale, give or furnish any clove cigarette in this state. For purposes of this section "clove cigarette" means any cigarette which contains more than 10%, by weight, of raw eugenia caryophyllata or caryophyllus, commonly known as clove. Any person who violates this section is guilty of a class B misdemeanor.
Enacted by Chapter 188, 1986 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 107 - Abuse of psychotoxic chemical solvents.

76-10-107.
Abuse of psychotoxic chemical solvents.
(1) A person is guilty of abuse of psychotoxic chemical solvents if:
(a) for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, he intentionally:
(i) smells or inhales the fumes of any psychotoxic chemical solvent; or
(ii) possesses, purchases, or attempts to possess or purchase any psychotoxic chemical solvent; or
(b) the person offers, sells, or provides a psychotoxic chemical solvent to another person, knowing that other person or a third party intends to possess or use that psychotoxic chemical solvent in violation of Subsection (1)(a).
(2) This section does not apply to the prescribed use, distribution, or sale of those substances for medical or dental purposes.
(3) Abuse of psychotoxic chemical solvents is a class B misdemeanor.
(4) As used in this section, psychotoxic chemical solvent includes any glue, cement, or other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate, or their isomers, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol, methyl alcohol, methyl ethyl ketone, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene or xylene, or other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance. Nothing in this section shall be construed to include any controlled substance regulated by the provisions of Title 58, Chapter 37, Utah Controlled Substances Act.
Amended by Chapter 23, 2002 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 107.5 - Abuse of nitrous oxide -- Penalty.

76-10-107.5.
Abuse of nitrous oxide -- Penalty.
(1) As used in this section, "nitrous oxide" means:
(a) N2O, a colorless gas or liquid that is also referred to as dinitrogen monoxide, nitrogen oxide, or laughing gas; and
(b) any substance containing nitrous oxide.
(2) A person is guilty of abuse of nitrous oxide who:
(a) possesses nitrous oxide with the intent to breathe, inhale, or ingest it for the purpose of:
(i) causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses;
(ii) in any manner changing, distorting, or disturbing the audio, visual, or mental processes;
(b) knowingly and intentionally is under the influence of nitrous oxide; or
(c) offers, sells, or provides nitrous oxide to another person, knowing that other person or a third party intends to possess or use the nitrous oxide in violation of Subsection (2)(a) or (b).
(3) Subsection (2)(b) does not apply to any person who is under the influence of nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person holding a license under state law that authorizes the administration of nitrous oxide.
(4) Subsection (2)(c) does not apply to any person who administers nitrous oxide for the purpose of medical, surgical, or dental care and who holds a license under state law that authorizes the administration of nitrous oxide.
(5) A violation of this section is a class A misdemeanor.
Enacted by Chapter 23, 2002 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 111 - Restrictions on sale of smokeless tobacco or electronic cigarette products -- Exceptions.

Effective 7/1/2020
76-10-111.
Restrictions on sale of smokeless tobacco or electronic cigarette products -- Exceptions.
(1) The Legislature finds that:
(a) smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who use those products because research indicates that they may cause mouth or oral cancers;
(b) the use of smokeless tobacco among juveniles in this state is increasing rapidly;
(c) the use of electronic cigarette products may lead to unhealthy behavior such as the use of tobacco products; and
(d) it is necessary to restrict the gift of the products described in this Subsection (1) in the interest of the health of the citizens of this state.
(2)
(a) Except as provided in Subsection (3), it is unlawful for a manufacturer, wholesaler, and retailer to:
(i) give or distribute without charge any smokeless tobacco, chewing tobacco, or electronic cigarette product in this state;
(ii) sell, offer for sale, or furnish any electronic cigarette product at less than the cost, including the amount of any applicable tax, of the product to the manufacturer, wholesaler, or retailer; or
(iii) give, distribute, sell, offer for sale, or furnish any electronic cigarette product for free or at a lower price because the recipient of the electronic cigarette product makes another purchase.
(b) The price that a manufacturer, wholesaler, or retailer may charge under Subsection (2)(a)(ii) does not include a discount for:
(i) a physical manufacturer coupon:
(A) that is surrendered to the wholesaler or retailer at the time of sale; and
(B) for which the manufacturer will reimburse the wholesaler or the retailer for the full amount of the discount described in the manufacturer coupon and provided to the purchaser;
(ii) a rebate that will be paid to the manufacturer, the wholesaler, or the retailer for the full amount of the rebate provided to the purchaser; or
(iii) a promotional fund that will be paid to the manufacturer, the wholesaler, or the retailer for the full amount of the promotional fund provided to the purchaser.
(c) Any individual who violates this section is guilty of:
(i) a class C misdemeanor for the first offense; and
(ii) a class B misdemeanor for any subsequent offense.
(3) Smokeless tobacco, chewing tobacco, or an electronic cigarette product may be distributed to adults without charge at professional conventions where the general public is excluded.
Amended by Chapter 302, 2020 General Session
Amended by Chapter 347, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 112 - Prohibition of distribution of a tobacco product -- Exceptions.

Effective 7/1/2020
76-10-112.
Prohibition of distribution of a tobacco product -- Exceptions.
(1) Except as provided in Subsection (3), it is unlawful for a manufacturer, wholesaler, or retailer to give or distribute a tobacco product in this state without charge.
(2) An individual who violates this subsection is guilty of:
(a) a class C misdemeanor for the first offense; and
(b) a class B misdemeanor for any subsequent offense.
(3) A tobacco product may be distributed to an adult without charge at a professional convention where the general public is excluded.
(4) The prohibition described in Subsection (1) does not apply to a tobacco retailer, a manufacturer, or a distributor that gives a tobacco product to an individual who is 21 years old or older upon the individual's purchase of a tobacco product.
Amended by Chapter 302, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 113 - Prohibition on distribution of flavored electronic cigarette products.

Effective 7/1/2020
76-10-113.
Prohibition on distribution of flavored electronic cigarette products.
(1) It is unlawful for a tobacco retailer that is not a retail tobacco specialty business to give, distribute, sell, offer for sale, or furnish a flavored electronic cigarette product to any person.
(2) An individual who violates this section is guilty of:
(a) a class C misdemeanor for the first offense; and
(b) a class B misdemeanor for any subsequent offense.
Enacted by Chapter 302, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 114 - Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product.

Effective 5/28/2021
76-10-114.
Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product.
(1) As used in this section:
(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.
(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;
(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.
Amended by Chapter 12, 2021 Special Session 1
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 115 - Unlawful transfer or use of proof of age.

Effective 5/28/2021
76-10-115.
Unlawful transfer or use of proof of age.
(1) As used in this section:
(a) "Proof of age" means:
(i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;
(ii) a valid identification that:
(A) is substantially similar to an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;
(B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;
(C) includes date of birth; and
(D) has a picture affixed;
(iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;
(iv) a valid United States military identification card that:
(A) includes date of birth; and
(B) has a picture affixed; or
(v) a valid passport.
(b) "Proof of age" does not include a driving privilege card issued in accordance with Section 53-3-207.
(2) An individual is guilty of a class B misdemeanor if the individual knowingly and intentionally transfers that individual's proof of age to another individual to aid that individual in:
(a) purchasing a tobacco product, an electronic cigarette product, or a nicotine product; or
(b) gaining admittance to any part of the premises of a retail tobacco specialty business.
(3) An individual is guilty of a class A misdemeanor if the individual knowingly and intentionally uses proof of age containing false information with the intent to:
(a) purchase a tobacco product, an electronic cigarette product, or a nicotine product; or
(b) gain admittance to any part of the premises of a retail tobacco specialty business.
(4) Subsections (2) and (3) do not apply to an individual who uses a false identification in accordance with Subsection 77-39-101(4) at the request of a peace officer.
Amended by Chapter 12, 2021 Special Session 1
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents › Section 116 - Ordinances, rules, and regulations.

Effective 7/1/2020
76-10-116.
Ordinances, rules, and regulations.
(1) Except as provided in Subsection (2), an ordinance, rule, or regulation adopted by a governing body of a political subdivision of the state or a state agency is superseded if:
(a) the ordinance, rule, or regulation affects:
(i) the minimum age of sale for a tobacco product, an electronic cigarette product, or tobacco paraphernalia;
(ii) the provision or sale of a tobacco product, an electronic cigarette product, or tobacco paraphernalia;
(iii) the flavoring of a tobacco product or an electronic cigarette product;
(iv) the purchase or possession of a tobacco product, an electronic cigarette product, or tobacco paraphernalia; or
(v) the placement or display of a tobacco product or an electronic cigarette product; and
(b) the ordinance, rule, or regulation is not essentially identical to any state statute relating to the applicable subject described in Subsection (1)(a).
(2) A governing body of a political subdivision of the state or a state agency may adopt an ordinance, rule, or regulation on a subject described in Subsections (1)(a)(i) through (v) if the governing body of a political subdivision of the state or a state agency is authorized by statute to adopt the ordinance, rule, or regulation.
(3) Subsection (1) does not apply to the adoption or enforcement of a land use ordinance by a municipal or county government.
Enacted by Chapter 302, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 2 - Waters › Section 201 - Interference with water flow.

76-10-201.
Interference with water flow.
Every person who knowingly or intentionally interferes with or alters the flow of water in any stream, ditch, or lateral while under the control or management of any water commissioner is guilty of a crime punishable under Section 73-2-27.
Amended by Chapter 215, 2005 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 2 - Waters › Section 202 - Taking water out of turn or excess amount -- Damaging facilities.

76-10-202.
Taking water out of turn or excess amount -- Damaging facilities.
(1) No person may, in violation of any right of any other person knowingly or intentionally:
(a) turn or use the water, or any part thereof, of any canal, ditch, pipeline, or reservoir, except at a time when the use of the water has been duly distributed to the person;
(b) use any greater quantity of the water than has been duly distributed to him;
(c) in any way change the flow of water when lawfully distributed for irrigation or other useful purposes, except when duly authorized to make the change; or
(d) break or injure any dam, canal, pipeline, watergate, ditch, or other means of diverting or conveying water for irrigation or other useful purposes.
(2) Subsection (1) applies to violations of any right to the use of water, including:
(a) a water right; or
(b) authorization of a person's use of water by:
(i) a water company, as defined in Subsection 73-3-3.5(1)(b); or
(ii) an entity having a valid water right under Utah law.
(3) Any person who violates this section is guilty of a crime punishable under Section 73-2-27.
Amended by Chapter 215, 2005 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 2 - Waters › Section 203 - Obstruction of watergates.

76-10-203.
Obstruction of watergates.
Every person who rafts or floats logs, timber, or wood down any river or stream and allows the logs, timber, or wood to accumulate at or obstruct the watergates owned by any person or irrigation company taking or diverting the water of the river or stream for irrigation or manufacturing purposes is guilty of a crime punishable under Section 73-2-27.
Amended by Chapter 215, 2005 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 2 - Waters › Section 204 - Damaging bridge, dam, canal or other water-related structure.

Effective 5/3/2023
76-10-204.
Damaging bridge, dam, canal, or other water-related structure.
(1) A person is guilty of a third degree felony who intentionally, knowingly, or recklessly commits an offense under Subsection (2) that does not amount to a violation of Subsection 76-6-106(2)(a)(ii) or Section 76-6-106.3.
(2) Offenses referred to in Subsection (1) are when a person:
(a) cuts, breaks, damages, or destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir, or other structure erected to create hydraulic power, to drain or reclaim any swamp and overflowed or marsh land, to conduct water for mining, manufacturing, reclamation, or agricultural purposes, or for the supply of the inhabitants of any city or town;
(b) makes or causes to be made any aperture in any dam, canal, flume, aqueduct, reservoir, embankment, levee, or structure with intent to injure or destroy it; or
(c) draws up, cuts, or injures any piles fixed in the ground and used for securing any lake or river bank or walls or any dock, quay, jetty, or lock.
Amended by Chapter 111, 2023 General Session
Amended by Chapter 179, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 3 - Explosives › Section 302 - Marking of containers of explosives before transportation or storage.

76-10-302.
Marking of containers of explosives before transportation or storage.
Every person who knowingly leaves with or delivers to another, or to any express or railway company or other common carrier, or to any warehouse or storehouse, any package containing nitroglycerin, dynamite, guncotton, gunpowder, or other highly explosive compound, or any benzine, gasoline, phosphorus, or other highly inflammable substance, or any vitriol, sulphuric, nitric, carbolic, muriatic, or other dangerous acid, chemical or compound, to be handled, stored, shipped, or transported, without plainly marking and indicating on such package the name and nature of the contents thereof, is guilty of a class B misdemeanor.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 3 - Explosives › Section 303 - Powder houses.

76-10-303.
Powder houses.
Every person who builds, constructs, or uses within 300 feet of any residence or traveled county road any powder house, magazine, or building in which powder, dynamite, or other explosive is kept in quantities exceeding 500 pounds is guilty of a class B misdemeanor; provided that this section shall not apply to any magazine maintained at any mine or stone quarry.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 3 - Explosives › Section 304 - Marking of containers of explosives held for sale or use.

76-10-304.
Marking of containers of explosives held for sale or use.
It shall be a class A misdemeanor to sell or offer for sale or take or solicit orders of sale, or purchase or use, or have on hand or in store for the purpose of sale or use, any giant, hercules, atlas, venture or any other high explosive containing nitroglycerin, unless on each box or package and wrapper containing any such high explosive there shall be plainly stamped or printed the name and place of business of the person, partnership, or corporation by whom or by which it was manufactured, and the exact and true date of its manufacture, and the percentage of nitroglycerin or other high explosive contained therein.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 3 - Explosives › Section 305 - Different dates on containers of explosives prohibited -- Reuse of containers prohibited.

76-10-305.
Different dates on containers of explosives prohibited -- Reuse of containers prohibited.
It shall be unlawful for any person or persons, partnership, or corporation to have two or more different dates on any box or package containing giant, hercules, atlas, or venture, or any other high explosive containing nitroglycerin. It shall further be unlawful to use any box, package, or wrapper formerly used by any other person or persons, partnership, or corporation in the packing of such giant, hercules, atlas, venture, or other high explosive containing nitroglycerin, and the name and date on the box or package shall be the same as on the wrapper containing the giant, hercules, atlas, venture, or other explosive containing nitroglycerin.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 3 - Explosives › Section 307 - Explosive, chemical, or incendiary device -- Delivery to common carrier or mailing.

76-10-307.
Explosive, chemical, or incendiary device -- Delivery to common carrier or mailing.
Any person is guilty of a felony of the second degree who delivers or causes to be delivered to any express or railway company or other common carrier, or to any person, any explosive, chemical, or incendiary device, knowing it to be the device, without informing the common carrier or person of its nature or sends it through the mail.
Amended by Chapter 97, 1999 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 3 - Explosives › Section 308 - Explosive, chemical, or incendiary device -- Venue of prosecution for shipping.

76-10-308.
Explosive, chemical, or incendiary device -- Venue of prosecution for shipping.
Any person who knowingly, intentionally, or recklessly delivers any explosive, chemical, or incendiary device to any person for transmission without the consent or direction of the lawful possessor may be prosecuted in the county in which he delivers it or in the county to which it is transmitted.
Repealed and Re-enacted by Chapter 75, 1993 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 4 - Weapons of Mass Destruction › Section 402 - Manufacture, possession, sale, use, or attempted use of a weapon of mass destruction prohibited -- Penalties.

76-10-402.
Manufacture, possession, sale, use, or attempted use of a weapon of mass destruction prohibited -- Penalties.
A person who without lawful authority intentionally or knowingly manufactures, possesses, sells, delivers, displays, uses, attempts to use, solicits the use of, or conspires to use a weapon of mass destruction or a delivery system for a weapon of mass destruction, including any biological agent, toxin, vector, or delivery system as those terms are defined in this section, is guilty of a first degree felony.
Enacted by Chapter 166, 2002 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 4 - Weapons of Mass Destruction › Section 403 - Manufacture, possession, sale, use, or attempted use of a hoax weapon of mass destruction prohibited -- Penalty.

76-10-403.
Manufacture, possession, sale, use, or attempted use of a hoax weapon of mass destruction prohibited -- Penalty.
Any person who without lawful authority intentionally or knowingly manufactures, possesses, sells, delivers, displays, uses, attempts to use, solicits the use of, or conspires to use a hoax weapon of mass destruction with the intent to deceive or otherwise mislead another person into believing that the hoax weapon of mass destruction is a weapon of mass destruction is guilty of a second degree felony.
Enacted by Chapter 166, 2002 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 4 - Weapons of Mass Destruction › Section 404 - Exemptions.

76-10-404.
Exemptions.
This part does not apply to any member or employee of the Armed Forces of the United States, allied armed forces personnel, a federal or state governmental agency, or a private entity, who is engaged in lawful activity within the scope of his or her employment, if the person is authorized or licensed to manufacture, possess, sell, deliver, display, or otherwise engage in activity relative to this section and if the person is in compliance with applicable federal and state law.
Enacted by Chapter 166, 2002 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 4 - Weapons of Mass Destruction › Section 405 - Reimbursement of government response expenses.

76-10-405.
Reimbursement of government response expenses.
In addition to any other penalty authorized by law, a court shall order any person convicted of any violation of this part to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.
Enacted by Chapter 166, 2002 General Session