76-18-204. Enhanced penalties and sentencing for certain drug offenses.

757 words·~3 min read·/ut/title-76/chapter-18/76-18-204

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)As used in this section, "correctional facility" means the same as that term is defined in Section 76-8-311.3 .

(b)Terms defined in Sections 58-37-101 , 76-1-101.5 , 76-18-101 , and 76-18-201 apply to this section.

(a)An actor not authorized under this part or Title 58, Chapter 37, Controlled Substances, who commits any act that is unlawful under Subsection (2)(b) is, upon conviction, subject to the penalties and classifications under Subsection

(3)if the trier of fact finds that the act is committed:

(i)in a public or private elementary or secondary school or on the grounds of a public or private elementary or secondary school during the hours of 6 a.m. through 10 p.m.;

(ii)in a public or private vocational school or postsecondary institution or on the grounds of a public or private vocational school or postsecondary institution during the hours of 6 a.m. through 10 p.m.;

(iii)in or on the grounds of a preschool or child-care facility during the preschool's or child-care facility's hours of operation;

(iv)in a public park, amusement park, arcade, or recreation center when the public or amusement park, arcade, or recreation center is open to the public;

(v)in or on the grounds of a house of worship as defined in Section 76-11-201 ;

(vi)in or on the grounds of a library when the library is open to the public;

(vii)within an area that is within 100 feet of a structure, facility, or grounds included in Subsections (2)(a)(i) through

(vi);

(viii)in the presence of a person younger than 18 years old, regardless of where the act occurs; or

(ix)for the purpose of facilitating, arranging, or causing the transport, delivery, or distribution of a substance in violation of an offense listed in Subsection (2)(b) to an inmate or on the grounds of a correctional facility.

(b)The offenses described in Subsection (2)(a) are:

(i)unlawfully producing, manufacturing, or dispensing a controlled substance or counterfeit substance under Section 76-18-208 ;

(ii)unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance under Section 76-18-209 ;

(iii)unlawfully possessing a controlled substance or counterfeit substance with intent to distribute under Section 76-18-210 ;

(iv)unlawfully engaging in a continuing criminal enterprise involving drugs under Section 76-18-211 ;

(v)unlawful manufacture of an imitation controlled substance under Section 76-18-404 ; and

(vi)unlawful distribution or possession with intent to distribute an imitation controlled substance under Section 76-18-405 .

(a)Except as provided in Subsection (3)(b) or

(c), an actor who is convicted of an enhancement under this section is guilty of one degree more than the maximum penalty prescribed for the offense described in Subsection (2)(b) .

(i)The court shall sentence an actor who is convicted of a first degree felony under this section, who would have been convicted of a first degree felony under an offense listed in Subsection (2)(b) regardless of the application of this section, for a term of imprisonment of not less than five years.

(ii)Imposition or execution of the sentence described in Subsection (3)(b)(i) may not be suspended, and the actor is not eligible for probation.

(c)If the violation is of Subsection (2)(a)(ix) :

(A)the actor may be sentenced to imprisonment for an indeterminate term as provided by law, and the court shall additionally sentence the actor for a term of one year to run consecutively and not concurrently; and

(B)the court may additionally sentence the actor for an indeterminate term not to exceed five years to run consecutively and not concurrently; and

(ii)the penalties under Subsection (3)(c)(i) also apply to an actor who, acting with the mental state required for the commission of an offense, directly or indirectly solicits, requests, commands, coerces, encourages, or intentionally aids another person to commit a violation of Subsection (2)(a)(ix) .

(4)It is not a defense to a sentencing enhancement under Subsection

(3)that:

(a)if the enhancement is for a violation of Subsection (2)(a)(viii) , the actor mistakenly believed the individual to be 18 years old or older at the time of the offense or was unaware of the individual's true age; or

(b)the actor mistakenly believed that the location where the act occurred was not as described in Subsection (2)(a) or was unaware that the location where the act occurred was as described in Subsection (2)(a) .

Enacted by Chapter 362 , 2026 General Session