H.B. 29

1

PENALTY FOR PROVIDING TOBACCO TO
2 YOUTH
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carl R. Saunders
6 AN ACT RELATING TO THE CRIMINAL CODE; CLARIFYING THAT IT IS ILLEGAL FOR
7 A PARENT, SIBLING, OR OTHER RELATIVE TO PROVIDE TOBACCO PRODUCTS TO
8 AN UNDERAGED PERSON; AND ESTABLISHING MINIMUM FINES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-10-104, as last amended by Chapter 194, Laws of Utah 1989
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-10-104 is amended to read:
14 76-10-104. Furnishing cigars, cigarettes, or tobacco to minors -- Penalties.
15 Any person, including a parent, sibling, or other relative, who sells, gives, or furnishes any
16 cigar, cigarette, or tobacco in any form, to any person under 19 years of age, is guilty of:
17 (1) a class C misdemeanor on the first offense[,] and subject to a minimum fine of $100,
18 if the person is 19 years of age or older, or a minimum fine of $50, if the person is under 19 years
19 of age;
20 (2) a class B misdemeanor on the second offense[,] and subject to a minimum fine of $200,
21 if the person is 19 years of age or older, or a minimum fine of $100, if the person is under 19 years
22 of age; and
23 (3) a class A misdemeanor on subsequent offenses and subject to a minimum fine of $300,
24 if the person is 19 years of age or older, or a minimum fine of $150, if the person is under 19 years
25 of age.

Legislative Review Note
as of 12-18-97 10:11 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 2 -