Full text of Utah Utah Code § 76-18-303 — Seizure -- Forfeiture -- Property rights -- Bystander defense., with citation guidance and answers to common questions.
§ 76-18-303. Seizure -- Forfeiture -- Property rights -- Bystander defense.
Effective 5/6/2026
76-18-303.
Seizure -- Forfeiture -- Property rights -- Bystander defense.
| (1) | Drug paraphernalia is subject to seizure and forfeiture in accordance with the procedures and substantive protections of:
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| (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. |
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Renumbered and Amended by Chapter
362, 2026 General Session
Frequently Asked Questions About Utah § 76-18-303
What does Utah Code § 76-18-303 cover?
Section 76-18-303 ("Seizure -- Forfeiture -- Property rights -- Bystander defense.") 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 § 76-18-303?
A common citation format is "Utah Code § 76-18-303" (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 § 76-18-303 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.
