Utah criminal charge
Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product in Utah
Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product is a criminal offense under Utah law, defined by Utah Code Ann. § 76-9-1107. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-9-1107.
What is the penalty for illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 90 days (First offense — Applies when the violation of Subsection (2) is the actor's first offense.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $750 (First offense — Applies when the violation of Subsection (2) is the actor's first offense.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 6 months (Second offense — Applies when the violation of Subsection (2) is the actor's second offense.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Second offense — Applies when the violation of Subsection (2) is the actor's second offense.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Third or subsequent offense — Applies when the violation of Subsection (2) is the actor's third or subsequent offense.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Third or subsequent offense — Applies when the violation of Subsection (2) is the actor's third or subsequent offense.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First offense | Class C Misdemeanor | Applies when the violation of Subsection (2) is the actor's first offense. | Utah Code Ann. § 76-9-1107(3)(a) |
| Second offense | Class B Misdemeanor | Applies when the violation of Subsection (2) is the actor's second offense. | Utah Code Ann. § 76-9-1107(3)(b) |
| Third or subsequent offense | Class A Misdemeanor | Applies when the violation of Subsection (2) is the actor's third or subsequent offense. | Utah Code Ann. § 76-9-1107(3)(c) |
Common questions about illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product in Utah
Is illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product a felony or a misdemeanor in Utah?
It depends on the circumstances: illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product ranges from a Class C Misdemeanor to a Class A Misdemeanor in Utah under Utah Code Ann. § 76-9-1107.
First offense: Class C Misdemeanor (Utah Code Ann. § 76-9-1107(3)(a)) · Second offense: Class B Misdemeanor (Utah Code Ann. § 76-9-1107(3)(b)) · Third or subsequent offense: Class A Misdemeanor (Utah Code Ann. § 76-9-1107(3)(c))
What are the penalties for illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product in Utah?
Penalties for illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product in Utah depend on how it is classified — from a Class C Misdemeanor up to a Class A Misdemeanor — with the ranges set by Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product?
Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product is governed by Utah Code Ann. § 76-9-1107 (Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.