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

Full text of Utah Utah Code § 76-18-402 — Exemption of certain persons -- Bystander defense., with citation guidance and answers to common questions.

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

Effective 5/6/2026
76-18-402.  Exemption of certain persons -- Bystander defense.
(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

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 76-18-402

What does Utah Code § 76-18-402 cover?

Section 76-18-402 ("Exemption of certain persons -- 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 § 76-18-402?

A common citation format is "Utah Code § 76-18-402" (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 § 76-18-402 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.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.