Utah Criminal Code 76-5-113

Utah Criminal Code 76-5-113: Surreptitious Administration of Certain Substances–Definitions–Penalties–Defenses

1. As used in this section:
a) “Administer” means the introduction of a substance into the body by injection, inhalation, ingestion, or by any other means.
b) “Alcoholic beverage” has the same meaning as “alcoholic beverages” in Section 32A-1-105.
c) “Bodily injury” has the same definition as in Section 76-1-601.
d) “Controlled substance” has the same definition as in Section 58-37-2.
e) “Deleterious substance” means a substance which, if administered, would likely cause bodily injury.
f) “Poisonous” means a substance which, if administered, would likely cause serious bodily injury or death.
g) “Prescription drug” has the same definition as in Section 58-17b-102.
h) “Serious bodily injury” has the same definition as in Section 19-2-115.
i) “Substance” means a controlled substance, poisonous substance, or deleterious substance as defined in this Subsection (1).

2. In addition to any other offense the actor’s conduct may constitute, it is a criminal offense for a person, surreptitiously or by means of fraud, deception, or misrepresentation, to cause another person to unknowingly consume or receive the administration of:
a) any poisonous, deleterious, or controlled substance; or
b) any alcoholic beverage.
3. A violation of Subsection (2) is:
a) a second degree felony if the substance is a poisonous substance, regardless of whether the substance is a controlled substance or a prescription drug;
b) a third degree felony if the substance is not within the scope of Subsection (3)(a), and is a controlled substance or a prescription drug; and
c) a class A misdemeanor if the substance is a deleterious substance or an alcoholic beverage.
4. It is an affirmative defense to a prosecution under Subsection (2) that the actor:
I. provided the appropriate administration of a prescription drug; and
II. acted on the reasonable belief that his conduct was in the best interest of the well-being of the person to whom the prescription drug was administered.
a) The defendant shall file and serve on the prosecuting attorney a notice in writing of his intention to claim a defense under Subsection (4)(a) not fewer than 20 days before the trial.
b) The notice shall specifically identify the factual basis for the defense and the names and addresses of the witnesses the defendant proposes to examine to establish the defense.
c) The prosecuting attorney shall file and serve the defendant with a notice containing the names and addresses of the witnesses the prosecutor proposes to examine in order to contradict or rebut the defendant’s claim of an affirmative defense under Subsection (4)(a). This notice shall be filed or served not more than ten days after receipt of the defendant’s notice under Subsection (4)(b), or at another time as the court may direct.
d) Failure of a party to comply with the requirements of Subsection (4)(b) or (4)(c) entitles the opposing party to a continuance to allow for preparation. If the court finds that a party’s failure to comply is the result of bad faith, it may impose appropriate sanctions.
5. This section does not diminish the scope of authorized health care by a health care provider as defined in Section 26-23a-1.
The Controlled Substances Act is the federal statute that regulates the manufacture and distribution of controlled substances such as hallucinogens, narcotics, depressants, and stimulants. The Act categorizes drugs into five classifications or “schedules” based on their potential for abuse, status in international treaties, and any medical benefits they may provide. Generally speaking, drugs included in Schedule 1 are the most strictly regulated, because they are deemed to have no medical value. Some examples of drugs and their classifications are:
• Schedule 1: Ecstasy, LSD, and heroin. Marijuana is also considered a Schedule 1 drug, despite studies finding it to have medical uses.
• Schedule 2: Cocaine and methamphetamine.
• Schedule 3: Anabolic steroids, ketamine, testosterone.
• Schedule 4: Ambien, Xanax, and Valium.
• Schedule 5: Lyrica and cough suppressants.

The grouping of controlled substances makes it easier for legislators to draft or modify rules covering multiple drugs at a time. Some states have borrowed the federal schedules’ definitions in their own drug legislation. The penalties for drug crimes typically depend on the schedule that the drug falls into. In general, trafficking in a Schedule 1 controlled substance will carry a heavier range of potential criminal penalties than a similar offense involving a substance that appears in Schedule 4. However, marijuana and some other drugs have standalone penalty statutes that provide specific punishments for them. Although marijuana is included in federal Schedule 1, many states have legalized it for medical or recreational use. Because federal law normally takes precedence, the outcome of this conflict between different levels of government hinges on whether federal authorities choose to enforce the prohibition in the face of state opposition. The Controlled Substances Act mandates that every manufacturer, distributor, importer, or exporter of any drug must register with the government. Registrants are required to keep accurate records of their inventory and transactions in the event they should ever become the focus of a Drug Enforcement Administration (DEA) investigation. The DEA, created in 1973, is a federal agency tasked with regulating the use of controlled substances. It may initiate proceedings to add new drugs to the federal schedules or erase others from them. The agency also ensures that registrants abide by security controls and storage requirements for legally produced drugs. Finally, the DEA works cooperatively with state and local law enforcement in special task forces to thwart drug trafficking and gang-related drug violence nationwide. If you’ve been charged with a violation of the Controlled Substances Act, it’s essential to establish your defense for trial or explore plea bargain options. An experienced lawyer who knows the ropes will be able to advise you about your specific situation. Contact a qualified criminal defense attorney near you today.

This act is intended to prevent the non-medical use of certain drugs. For this reason it controls not just medicinal drugs (which will also be in the Medicines Act) but also drugs with no current medical use. Drugs subject to this Act are known as ‘controlled’ drugs. The law defines a series of offences including: unlawful supply; intent to supply, import or export and unlawful production. The main difference from the Medicines Act is that the Misuse of Drugs Act also prohibits unlawful possession. To enforce this law the police have the power to stop, detain and search people on ‘reasonable suspicion’ that they are in possession of a controlled drug.
The Misuse of Drugs Act (MDA) divides drugs into three classes as follows:
Class A: These include: cocaine and crack, ecstasy, heroin, LSD, methadone, methamphetamine (crystal meth), fresh and prepared magic mushrooms.
Class B: These include: amphetamine (not methamphetamine), barbiturates, codeine, ketamine, synthetic cannabinoids such as Spice and cannabis. All cathinone derivatives, including mephedrone, methylone, methedrone and MDPV were brought under control as Class B substances in 2010.
Class C: These include: anabolic steroids, minor tranquillisers or benzodiazepines, GBL and GHB, khat and BZP.

Class A drugs are treated by the law as the most dangerous. Offences under the Misuse of Drugs Act can include:
• Possession of a controlled drug.
• Possession with intent to supply another person.
• Production, cultivation or manufacture of controlled drugs.
• Supplying another person with a controlled drug.
Offering to supply another person with a controlled drug;
• Import or export of controlled drugs.
• Allowing premises you occupy or manage to be used for the consumption of certain controlled drugs (smoking of cannabis or opium but not use of other controlled drugs) or supply or production of any controlled drug.
• Certain controlled drugs such as amphetamines, barbiturates, methadone, minor tranquillisers and occasionally heroin can be obtained through a legitimate doctor’s prescription. In such cases their possession is not illegal.
Exceptions
The law is even more complicated by the fact that some drugs are covered by other legislation, are not covered at all, or are treated in an exceptional way under the Misuse of Drugs Act.
Temporary Class Drug Orders
On 15th November 2011, The Misuse of Drugs Act 1971 was amended to allow the Home Secretary to place a new psychoactive substance not already controlled as a Class A, B or C drug but causing concerns, under temporary control by invoking a temporary class drug order. Temporary class drug orders (TCDO) come into immediate effect and last for up to 12 months. This period allows the Advisory Council on the Misuse of Drugs (ACMD) time to provide expert advice on the temporary class drug and its potential harms. During or at the end of the 12 month period the TCDO is subject to Parliamentary review. The review considers the independent report given by the ACMD. After 12 months the TCDO will expire unless it is brought under permanent control of the Misuse of Drugs Act 1971 or extended. Offences committed under the 1971 Act in relation to a temporary class drug are subject to the following maximum penalties;
• 14 years’ imprisonment and an unlimited fine on indictment
• and 6 months’ imprisonment and a £5,000 fine on summary conviction.
Alcohol is not illegal for an over 5 year old to consume away from licensed premises. It is an offence for a vendor to knowingly sell to an under 18 year old. A 14 year old can go into a pub alone but not consume alcohol. A 16 year old can buy and consume beer, port, cider or perry (but not spirits) in a pub if having a meal in an area set aside for this purpose. In some areas there are by laws restricting drinking of alcohol on the streets at any age. Police also have powers to confiscate alcohol from under 18s who drink in public places. Poppers (liquid gold, amyl or butyl nitrite) are not covered by the MDA and are not illegal to possess or buy. They are often sold in joke and sex shops but also in some pubs, clubs, tobacconists and sometimes music or clothes shops used by young people. Though not fully tested in court, the Medicines Control Agency has stated that poppers is regarded by them as a medicine and so falls under the Medicines Act 1968. This allows only licensed outlets, such as chemists, to sell the drug. Poppers are also not controlled under the Psychoactive Substances Act 2016. Solvents (aerosols, gases, glues etc.) are not illegal to possess, use or buy at any age. In England and Wales it is an offence for a shopkeeper to sell them to an under 18 year old if they know they are to be used for intoxicating purposes. The Government has extended this legislation to make it illegal for shopkeepers to sell lighter fuel (butane) to under 18s whether or not they know it will be used for intoxicating purposes. Anabolic Steroids are controlled under the Misuse of Drugs Act as class C drugs but their legal status is complicated. In most situations the possession offence is waived meaning that people who possess or use steroids without a prescription are unlikely to be prosecuted. However, in some areas of the UK police have successfully prosecuted people for possession of steroids when the steroids have not been in the form of a medicinal product. It is always an offence to sell or supply steroids to another person. People can also be prosecuted for possession with intent to supply if they have large quantities of steroids without a prescription for them.

Tobacco It is not an offence for people of any age to use cigarettes or other tobacco products but it is an offence for a vendor to sell tobacco products to someone they know to be under 18 years old. Since 1st July 2007 smoking in public places has been banned in the UK.
Minor Tranquillizers are controlled under the Misuse of Drugs Act as Class C drugs. Possession – Maximum sentence – 2 years/fine/both. It is an offence to sell or supply them to another person.

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