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Utah criminal charge

Prescription requirements in Utah

Current through 2026 Utah legislative session

Prescription requirements is a criminal offense under Utah law, defined by Utah Code Ann. § 58-37-304. 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. § 58-37-304.

What is the penalty for prescription requirements in Utah?

Penalties for Prescription requirements
PenaltyRangeBasisAuthority
Jail / prisonup to 6 months (First conviction — violation of Subsection (8), (9), or (10) — A person who knowingly and intentionally violates Subsection (8), (9), or (10) is guilty of a class B misdemeanor upon first conviction.)discretionaryUtah Code Ann. § 76-3-204
Fineup to $1,000 (First conviction — violation of Subsection (8), (9), or (10) — A person who knowingly and intentionally violates Subsection (8), (9), or (10) is guilty of a class B misdemeanor upon first conviction.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204
Jail / prisonSecond conviction — violation of Subsection (8), (9), or (10) — A person who knowingly and intentionally violates Subsection (8), (9), or (10) is guilty of a class A misdemeanor upon second conviction.; 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))discretionaryUtah Code Ann. § 76-3-204
Fineup to $2,500 (Second conviction — violation of Subsection (8), (9), or (10) — A person who knowingly and intentionally violates Subsection (8), (9), or (10) is guilty of a class A misdemeanor upon second conviction.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204
Jail / prisonup to 5 years (Third or subsequent conviction — violation of Subsection (8), (9), or (10) — A person who knowingly and intentionally violates Subsection (8), (9), or (10) is guilty of a third degree felony upon third or subsequent conviction.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $5,000 (Third or subsequent conviction — violation of Subsection (8), (9), or (10) — A person who knowingly and intentionally violates Subsection (8), (9), or (10) is guilty of a third degree felony upon third or subsequent conviction.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prisonup to 5 years (Violation of Subsection (11), (12), (13), (14), or (15) — A person who knowingly and intentionally violates Subsection (11), (12), (13), (14), or (15) is guilty of a third degree felony.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $5,000 (Violation of Subsection (11), (12), (13), (14), or (15) — A person who knowingly and intentionally violates Subsection (11), (12), (13), (14), or (15) is guilty of a third degree felony.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203

Applies to current (2026 General Session).

How is prescription requirements classified in Utah?

The classification depends on the circumstances:

Classification variants for Prescription requirements
VariantClassificationWhen it appliesStatute
First conviction — violation of Subsection (8), (9), or (10)Class B MisdemeanorA person who knowingly and intentionally violates Subsection (8), (9), or (10) is guilty of a class B misdemeanor upon first conviction.Utah Code Ann. § 58-37-304(17)(a)(i)
Second conviction — violation of Subsection (8), (9), or (10)Class A MisdemeanorA person who knowingly and intentionally violates Subsection (8), (9), or (10) is guilty of a class A misdemeanor upon second conviction.Utah Code Ann. § 58-37-304(17)(a)(ii)
Third or subsequent conviction — violation of Subsection (8), (9), or (10)Third Degree FelonyA person who knowingly and intentionally violates Subsection (8), (9), or (10) is guilty of a third degree felony upon third or subsequent conviction.Utah Code Ann. § 58-37-304(17)(a)(iii)
Violation of Subsection (11), (12), (13), (14), or (15)Third Degree FelonyA person who knowingly and intentionally violates Subsection (11), (12), (13), (14), or (15) is guilty of a third degree felony.Utah Code Ann. § 58-37-304(17)(b)

Common questions about prescription requirements in Utah

Is prescription requirements a felony or a misdemeanor in Utah?

It depends on the circumstances: prescription requirements ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 58-37-304.

First conviction — violation of Subsection (8), (9), or (10): Class B Misdemeanor (Utah Code Ann. § 58-37-304(17)(a)(i)) · Second conviction — violation of Subsection (8), (9), or (10): Class A Misdemeanor (Utah Code Ann. § 58-37-304(17)(a)(ii)) · Third or subsequent conviction — violation of Subsection (8), (9), or (10): Third Degree Felony (Utah Code Ann. § 58-37-304(17)(a)(iii)) · Violation of Subsection (11), (12), (13), (14), or (15): Third Degree Felony (Utah Code Ann. § 58-37-304(17)(b))

What are the penalties for prescription requirements in Utah?

Penalties for prescription requirements in Utah depend on how it is classified — from a Class B Misdemeanor up to a Third Degree Felony — with the ranges set by Utah Code Ann. § 76-3-204 and Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.

Which Utah statute covers prescription requirements?

Prescription requirements is governed by Utah Code Ann. § 58-37-304 (Prescription requirements - Penalties).

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.