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Utah statute

Utah Code Ann. § 76-9-1108 — Illegal presence of a minor inside a tobacco specialty business.

Current through 2026 General Session

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

Criminal charges under this statute

Full text of Utah Code Ann. § 76-9-1108

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. § 76-9-1108Primary source, current through the 2026 General Session
(1)(a) As used in this section, "self-service display" means the same as that term is defined in Section 76-9-1107. (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 illegal presence of a minor inside a tobacco specialty business if the actor: (2)(a) is under 21 years old; and (2)(b) enters or is present inside a retail tobacco specialty business. (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) An actor under 21 years old may enter or be present inside a tobacco specialty business if the actor is: (4)(a) accompanied by the actor's parent or legal guardian; or (4)(b)(i) present at the retail tobacco specialty business solely for the purpose of providing a service to the tobacco retail specialty business, including making a delivery; (4)(b)(ii) monitored by the proprietor of the retail tobacco specialty business or an employee of the retail tobacco specialty business; and (4)(b)(iii) not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (4)(b)(i). (5)(a) An individual's parent or legal guardian who accompanies an individual under Subsection (4)(a) inside a tobacco specialty business may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product. (5)(b) A violation of Subsection (5)(a) is an offense under Section 76-9-1104.

Official sources

Legal terms used in this section

Questions this section answers

Is illegal presence of a minor inside a tobacco specialty business a felony or a misdemeanor in Utah?

It depends on the circumstances: illegal presence of a minor inside a tobacco specialty business ranges from a Class C Misdemeanor to a Class A Misdemeanor in Utah under Utah Code Ann. § 76-9-1108.

First offense: Class C Misdemeanor (Utah Code Ann. § 76-9-1108(3)(a)) · Second offense: Class B Misdemeanor (Utah Code Ann. § 76-9-1108(3)(b)) · Third or subsequent offense: Class A Misdemeanor (Utah Code Ann. § 76-9-1108(3)(c))

Which Utah statute covers illegal presence of a minor inside a tobacco specialty business?

Illegal presence of a minor inside a tobacco specialty business is governed by Utah Code Ann. § 76-9-1108 (Illegal presence of a minor inside a tobacco specialty business).

This reference is informational and is not legal advice.