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
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Last revised: Wednesday, July 23, 2008