Utah criminal charge
Surreptitious administration of certain substances in Utah
Surreptitious administration of certain substances is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-113. 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. § 76-5-113.
What is the penalty for surreptitious administration of certain substances in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 15 years (Poisonous substance — The substance administered is a poisonous substance, regardless of whether it is also a controlled substance or prescription drug.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Poisonous substance — The substance administered is a poisonous substance, regardless of whether it is also a controlled substance or prescription drug.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Controlled substance or prescription drug (not poisonous) — The substance is a controlled substance or prescription drug but does not qualify as poisonous under Subsection (3)(a).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Controlled substance or prescription drug (not poisonous) — The substance is a controlled substance or prescription drug but does not qualify as poisonous under Subsection (3)(a).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Deleterious substance or alcoholic beverage — The substance administered is a deleterious substance or an alcoholic beverage.; 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 (Deleterious substance or alcoholic beverage — The substance administered is a deleterious substance or an alcoholic beverage.; 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 surreptitious administration of certain substances classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Poisonous substance | Second Degree Felony | The substance administered is a poisonous substance, regardless of whether it is also a controlled substance or prescription drug. | Utah Code Ann. § 76-5-113(3)(a) |
| Controlled substance or prescription drug (not poisonous) | Third Degree Felony | The substance is a controlled substance or prescription drug but does not qualify as poisonous under Subsection (3)(a). | Utah Code Ann. § 76-5-113(3)(b) |
| Deleterious substance or alcoholic beverage | Class A Misdemeanor | The substance administered is a deleterious substance or an alcoholic beverage. | Utah Code Ann. § 76-5-113(3)(c) |
Common questions about surreptitious administration of certain substances in Utah
Is surreptitious administration of certain substances a felony or a misdemeanor in Utah?
It depends on the circumstances: surreptitious administration of certain substances ranges from a Class A Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-5-113.
Poisonous substance: Second Degree Felony (Utah Code Ann. § 76-5-113(3)(a)) · Controlled substance or prescription drug (not poisonous): Third Degree Felony (Utah Code Ann. § 76-5-113(3)(b)) · Deleterious substance or alcoholic beverage: Class A Misdemeanor (Utah Code Ann. § 76-5-113(3)(c))
What are the penalties for surreptitious administration of certain substances in Utah?
Penalties for surreptitious administration of certain substances in Utah depend on how it is classified — from a Class A Misdemeanor up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers surreptitious administration of certain substances?
Surreptitious administration of certain substances is governed by Utah Code Ann. § 76-5-113 (Surreptitious administration of certain substances - Definitions - Penalties - Defenses).
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.