76-18-402. Exemption of certain persons -- Bystander defense.

349 words·~2 min read·/ut/title-76/chapter-18/76-18-402

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

Effective 5/6/2026

(1)No civil or criminal liability shall be imposed by virtue of this part on:

(a)any person registered under Title 58, Chapter 37, Controlled Substances, who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo or investigational new drug by a registered practitioner in the ordinary course of professional practice or research; or

(b)a law enforcement officer acting in the course and legitimate scope of the law enforcement officer's employment.

(2)It is an affirmative defense to an allegation of the commission of an offense under this part if the actor or bystander:

(a)reasonably believes that the actor or another individual is experiencing an overdose event due to the ingestion, injection, inhalation, or other introduction into the human body of a controlled substance or other substance;

(b)reports, or assists an individual who reports, in good faith, the overdose event to a medical provider, an emergency medical service provider as defined in Section 53-2d-101 , a law enforcement officer, a 911 emergency call system, or an emergency dispatch system, or the actor is the subject of a report made under this section;

(c)provides, in the report described in Subsection (2)(b) , a functional description of the actual location of the overdose event that facilitates responding to the individual experiencing the overdose event;

(d)remains at the location of the individual experiencing the overdose event until a responding law enforcement officer or emergency medical service provider arrives, or remains at the medical care facility where the individual experiencing an overdose event is located until a responding law enforcement officer arrives;

(e)cooperates with the responding medical provider, emergency medical service provider, and law enforcement officer, including providing information regarding the individual experiencing the overdose event and any substances the individual may have injected, inhaled, or otherwise introduced into the individual's body; and

(f)is alleged to have committed the offense in the same course of events from which the reported overdose arose.

Renumbered and Amended by Chapter 362 , 2026 General Session