76-18-211. Unlawfully engaging in a continuing criminal enterprise involving drugs.

690 words·~3 min read·/ut/title-76/chapter-18/76-18-211

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

Effective 5/6/2026

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

(2)Except as authorized under this chapter or Title 58, Chapter 37, Controlled Substances, and under circumstances not amounting to an offense described in Section 76-18-220 , trafficking of fentanyl or a fentanyl-related substance, an actor commits unlawfully engaging in a continuing criminal enterprise involving drugs if the actor knowingly and intentionally engages in a continuing criminal enterprise where:

(a)the actor participates, directs, or engages in conduct that results in a felony violation of an offense in:

(i)this part;

(ii)Part 3, Offenses Concerning Drug Paraphernalia;

(iii)Part 4, Offenses Concerning Imitation Controlled Substances;

(iv)Part 5, Clandestine Drug Labs;

(v)Title 58, Chapter 37, Controlled Substances; or

(vi)Title 58, Chapter 37c, Controlled Substance Precursors; and

(b)the violation described in Subsection (2)(a) is part of a continuing series of two or more violations of an offense described in Subsection (2)(a)(i) through

(vi), on separate occasions that are undertaken in concert with five or more persons, with respect to whom the actor occupies a position of organizer, supervisor, or any other position of management.

(a)Subject to Subsections (3)(b) and

(4), a violation of Subsection

(2)is a first degree felony punishable by imprisonment for an indeterminate term of not less than:

(i)seven years and which may be for life; or

(ii)15 years and which may be for life, if the trier of fact determines that the actor knew, or reasonably should have known, that any subordinate described in Subsection (2)(b) was under 18 years old.

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

(ii)Subsection (3)(a)(ii) does not apply to an actor who, at the time of the offense, was under 18 years old.

(4)Notwithstanding any other provision of this section, a violation of this section is subject to the penalties and classifications under Section 76-18-204 , Enhanced penalties and sentencing for certain drug offenses, if the trier of fact finds the elements described under Section 76-18-204 .

(a)For purposes of a penalty enhancement, a plea of guilty or no contest to a violation or attempted violation of this section or a plea that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

(b)A previous conviction used for a penalty enhancement under this section includes a conviction for an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of this section.

(a)An actor may be charged and sentenced for a violation of this section, notwithstanding a charge and sentence for a violation of any other section of this part or Title 58, Chapter 37, Controlled Substances.

(b)A penalty imposed for a violation of this section is in addition to, and not in lieu of, a civil or administrative penalty or sanction authorized by law.

(c)Defenses and exemptions in Section 76-18-203 apply to this section.

(7)The Administrative Office of the Courts shall report to the Division of Professional Licensing the name, case number, date of conviction, and if known, the date of birth of each actor convicted of violating this section.

(8)If a minor who is under 18 years old is found by a court to have violated this section, the court may order the minor to complete:

(a)a screening as defined in Section 41-6a-501 ;

(b)an assessment as defined in Section 41-6a-501 if the screening described in Subsection (8)(a) indicates that an assessment is appropriate; and

(c)an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (8)(b) .

Enacted by Chapter 362 , 2026 General Session