Utah § 76-8-311.9 - Prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility.
Full text of Utah Utah Code § 76-8-311.9 — Prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility., with citation guidance and answers to common questions.
§ 76-8-311.9. Prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility.
Effective 5/1/2024 76-8-311.9.
Prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility.
(1)
(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.
Frequently Asked Questions About Utah § 76-8-311.9
What does Utah Code § 76-8-311.9 cover?
Section 76-8-311.9 ("Prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility.") 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 § 76-8-311.9?
A common citation format is "Utah Code § 76-8-311.9" (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 § 76-8-311.9 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.
