Utah statute

Utah Code Ann. § 76-9-1104 — Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor.

Current through 2026 General Session

Part of Part 11: Cigarettes, Tobacco, and Psychotoxic Chemical Solvents, Utah Code.

Criminal charges under this statute

Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor

Full text of Utah Code Ann. § 76-9-1104

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-9-1104Primary source, current through the 2026 General Session

(1)(a) As used in this section, "provides": (1)(a)(i) includes selling, giving, furnishing, sending, or causing to be sent; and (1)(a)(ii) does not include the acts: (1)(a)(ii)(A) of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others; or (1)(a)(ii)(B) of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's content. (1)(b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section. (2) Except as provided in Subsection (4), an actor commits providing a cigar, cigarette, electronic cigarette product, nicotine product, or tobacco to a minor if the actor knowingly, intentionally, recklessly, or with criminal negligence provides a tobacco product, an electronic cigarette product, or a nicotine product to an individual who is under 21 years old. (3) A violation of Subsection (2) is: (3)(a) a class C misdemeanor on the first offense; (3)(b) a class B misdemeanor on the second offense; or (3)(c) a class A misdemeanor on the third or subsequent offense. (4) This section does not apply to conduct of an employee of a tobacco retailer that is a violation of Section 76-9-1116.

Official sources

Legal terms used in this section

Questions this section answers

Is providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor a felony or a misdemeanor in Utah?

It depends on the circumstances: providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor ranges from a Class C Misdemeanor to a Class A Misdemeanor in Utah under Utah Code Ann. § 76-9-1104.

First offense: Class C Misdemeanor (Utah Code Ann. § 76-9-1104(3)(a)) · Second offense: Class B Misdemeanor (Utah Code Ann. § 76-9-1104(3)(b)) · Third or subsequent offense: Class A Misdemeanor (Utah Code Ann. § 76-9-1104(3)(c))

Which Utah statute covers providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor?

Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor is governed by Utah Code Ann. § 76-9-1104 (Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor).

This reference is informational and is not legal advice.