76-5-112.5. Endangerment of child or elder adult.
(1) For purposes of this section:
(a) "Chemical substance" means a substance intended to be used as a precursor in the
manufacture of a controlled substance, or any other chemical intended to be used in the
manufacture of a controlled substance. Intent under this subsection may be demonstrated by the
substance's use, quantity, manner of storage, or proximity to other precursors, or to manufacturing
equipment.
(b) "Child" means the same as that term is defined in Subsection 76-5-109(1)(a).
(c) "Controlled substance" means the same as that term is defined in Section 58-37-2.
(d) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
(e) "Elder adult" means the same as that term is defined in Section 76-5-111.
(2) Unless a greater penalty is otherwise provided by law, any person who knowingly or
intentionally causes or permits a child or elder adult to be exposed to, to ingest or inhale, or to
have contact with a controlled substance, chemical substance, or drug paraphernalia as defined in
Subsection (1), is guilty of a felony of the third degree.
(3) Unless a greater penalty is otherwise provided by law, any person who violates
Subsection (2), and a child or elder adult actually suffers bodily injury, substantial bodily injury,
or serious bodily injury by exposure to, ingestion of, inhalation of, or contact with a controlled
substance, chemical substance, or drug paraphernalia, is guilty of a felony of the second degree
unless the exposure, ingestion, inhalation, or contact results in the death of the child or elder
adult, in which case the person is guilty of a felony of the first degree.
(4) (a) It is an affirmative defense to a violation of this section that the controlled
substance was provided by lawful prescription for the child or elder adult, and that it was
administered to the child or elder adult in accordance with the prescription instructions provided
with the controlled substance.
(b) As used in this Subsection (4), "prescription" has the same definition as in Section
58-37-2.
Amended by Chapter 32, 2002 General Session
Download Code Section Zipped WordPerfect 76_05_011205.ZIP 2,569 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Wednesday, July 23, 2008