Endangerment of a child or vulnerable adult.

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  • (1) As used in this section:
    • (a)
      • (i) "Chemical substance" means:
        • (A) a substance intended to be used as a precursor in the manufacture of a controlled substance;
        • (B) a substance intended to be used in the manufacture of a controlled substance; or
        • (C) any fumes or by-product resulting from the manufacture of a controlled substance.
      • (ii) Intent under this Subsection (1)(a) may be demonstrated by:
        • (A) the use, quantity, or manner of storage of the substance; or
        • (B) the proximity of the substance to other precursors or to manufacturing equipment.
    • (b) "Child" means an individual who is under 18 years of age.
    • (c) "Controlled substance" means the same as that term is defined in Section 58-37-2.
    • (d) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
    • (e) "Exposed to" means that the child or vulnerable adult:
      • (i) is able to access an unlawfully possessed:
        • (A) controlled substance; or
        • (B) chemical substance;
      • (ii) has the reasonable capacity to access drug paraphernalia; or
      • (iii) is able to smell an odor produced during, or as a result of, the manufacture or production of a controlled substance.
    • (f) "Prescription" means the same as that term is defined in Section 58-37-2.
    • (g) "Vulnerable adult" means the same as that term is defined in Subsection 76-5-111(1).
  • (2) Unless a greater penalty is otherwise provided by law:
    • (a) except as provided in Subsections (2)(b), (c),, and (3), an individual is guilty of a felony of the third degree if the individual knowingly or intentionally causes or permits a child or a vulnerable adult to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical substance, or drug paraphernalia;
    • (b) except as provided in Subsection (2)(c) and (3), an individual is guilty of a felony of the second degree, if:
      • (i) the individual engages in the conduct described in Subsection (2)(a); and
      • (ii) as a result of the conduct described in Subsection (2)(a), the child or the vulnerable adult suffers bodily injury, substantial bodily injury, or serious bodily injury; or
    • (c) an individual is guilty of a felony of the first degree, if:
      • (i) the individual engages in the conduct described in Subsection (2)(a); and
      • (ii) as a result of the conduct described in Subsection (2)(a), the child or the vulnerable adult dies.
  • (3) Notwithstanding Subsection (2), a child may not be subjected to delinquency proceedings for a violation of Subsection (2) unless:
    • (a) the child is 15 years old or older; and
    • (b) the other child who is exposed to or inhales, ingests, or has contact with the controlled substance, chemical substance, or drug paraphernalia, is under 12 years old.
  • (4) It is an affirmative defense to a violation of this section that the controlled substance:
    • (a) was obtained by lawful prescription or in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act; and
    • (b) is used or possessed by the individual to whom the controlled substance was lawfully prescribed or recommended to under Title 26, Chapter 61a, Utah Medical Cannabis Act.
  • (5) The penalties described in this section are separate from, and in addition to, the penalties and enhancements described in Title 58, Occupations and Professions.




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