Utah criminal charge
Unlawful clandestine drug offense in Utah
Unlawful clandestine drug offense is a criminal offense under Utah law, defined by Utah Code Ann. § 76-18-506. 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. § 76-18-506.
How is unlawful clandestine drug offense classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful clandestine drug offense — base violation | Second Degree Felony | Any violation of Subsection (2) is a second degree felony except as provided in Subsection (3)(b). | Utah Code Ann. § 76-18-506(3)(a) |
| Unlawful clandestine drug offense — aggravated by one enhancing condition | First Degree Felony | A violation of Subsection (2)(a), (b), (e), (f), or (h) is a first degree felony if the trier of fact finds one of the conditions listed in (3)(b)(i)-(vi) occurred in conjunction with the violation. | Utah Code Ann. § 76-18-506(3)(b) |
Common questions about unlawful clandestine drug offense in Utah
Is unlawful clandestine drug offense a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawful clandestine drug offense ranges from a Second Degree Felony to a First Degree Felony in Utah under Utah Code Ann. § 76-18-506.
Unlawful clandestine drug offense — base violation: Second Degree Felony (Utah Code Ann. § 76-18-506(3)(a)) · Unlawful clandestine drug offense — aggravated by one enhancing condition: First Degree Felony (Utah Code Ann. § 76-18-506(3)(b))
Which Utah statute covers unlawful clandestine drug offense?
Unlawful clandestine drug offense is governed by Utah Code Ann. § 76-18-506 (Unlawful clandestine drug offense).
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.