76-8-311.9. Prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility.
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/ut/title-76/chapter-8/76-8-311-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/1/2024
76-8-311.9. Prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility.
(a)As used in this section:
(i)"Correctional facility" means the same as that term is defined in Section 76-8-311.3 .
(ii)"Electronic cigarette product" means the same as that term is defined in Section 76-9-1101 .
(iii)"Nicotine product" means the same as that term is defined in Section 76-9-1101 .
(iv)"Offender" means the same as that term is defined in Section 76-8-311.3 .
(v)"Tobacco product" means the same as that term is defined in Section 76-9-1101 .
(b)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2)An actor commits prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility if the actor, with the intent to directly or indirectly provide or sell a tobacco product, electronic cigarette product, or nicotine product to an offender, directly or indirectly:
(a)transports, delivers, or distributes a tobacco product, electronic cigarette product, or nicotine product to an offender or on the grounds of a correctional facility;
(b)solicits, requests, commands, coerces, encourages, or intentionally aids another individual to transport a tobacco product, electronic cigarette product, or nicotine product to an offender or on the grounds of a correctional facility, if the other individual is acting with the mental state required for the commission of an offense; or
(c)facilitates, arranges, or causes the transport of a tobacco product, electronic cigarette product, or nicotine product in violation of this section or Section 76-8-311.3 to an offender or on the grounds of a correctional facility.
(3)Except as provided in Subsection (4), a violation of Subsection
(2)is a class A misdemeanor.
(4)The defenses provided in Section 76-8-311.3 apply to this section.
(5)In accordance with Section 76-8-311.3 , the Department of Corrections shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines for providing written notice to visitors that providing a tobacco product, electronic cigarette product, or nicotine product to an offender is a class A misdemeanor.
Enacted by Chapter 96 , 2024 General Session