Utah § 76-18-211 - Unlawfully engaging in a continuing criminal enterprise involving drugs.
Full text of Utah Utah Code § 76-18-211 — Unlawfully engaging in a continuing criminal enterprise involving drugs., with citation guidance and answers to common questions.
§ 76-18-211. Unlawfully engaging in a continuing criminal enterprise involving drugs.
Effective 5/6/2026 76-18-211.
Unlawfully engaging in a continuing criminal enterprise involving drugs.
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.
(3)
(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.
(b)
(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.
(5)
(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.
(6)
(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:
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).
Section 76-18-211 ("Unlawfully engaging in a continuing criminal enterprise involving drugs.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-18-211?
A common citation format is "Utah Code § 76-18-211" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-18-211 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
