Utah criminal charge
Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product in Utah
Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product is a Class A Misdemeanor under Utah criminal law, defined by Utah Code Ann. § 76-9-1116. As a Class A Misdemeanor, it is punishable within the statutory sentencing range Utah sets for that offense class. Utah sorts criminal offenses into felonies, misdemeanors, and petty offenses, each carrying its own penalty range.
Defined by Utah Code Ann. § 76-9-1116.
What is the penalty for unlawful sale of a tobacco product, electronic cigarette product, or nicotine product in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 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 (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).
Common questions about unlawful sale of a tobacco product, electronic cigarette product, or nicotine product in Utah
Is unlawful sale of a tobacco product, electronic cigarette product, or nicotine product a felony or a misdemeanor in Utah?
Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product is a Class A Misdemeanor in Utah under Utah Code Ann. § 76-9-1116.
What are the penalties for unlawful sale of a tobacco product, electronic cigarette product, or nicotine product in Utah?
As a Class A Misdemeanor, unlawful sale of a tobacco product, electronic cigarette product, or nicotine product carries 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)) of incarceration and a fine of up to $2,500 (statutory maximum under Utah Code Ann. § 76-3-301) under Utah Code Ann. § 76-3-204 (current (2026 General Session)).
Which Utah statute covers unlawful sale of a tobacco product, electronic cigarette product, or nicotine product?
Unlawful sale of a tobacco product, electronic cigarette product, or nicotine product is governed by Utah Code Ann. § 76-9-1116 (Unlawful sale of a tobacco product, electronic cigarette product, or 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.