H.B. 125 Enrolled

ENDANGERMENT OF CHILD OR ELDER
PERSON WITH CONTROLLED SUBSTANCE OR
PRECURSOR
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Trisha S. Beck
This act modifies the Criminal Code to clarify the offense of exposing children and the
elderly to chemical substances that are to be used in the manufacture of a controlled
substance, and providing an affirmative defense for administering a controlled substance in
accordance with the prescription.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-5-112.5, as enacted by Chapter 187, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-5-112.5 is amended to read:
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[, as] intended to be used in the
manufacture of a controlled substance. Intent under this subsection may be demonstrated by [its]
the substance's use, quantity, manner of storage, or proximity to other precursors, or to
manufacturing equipment [which was intended to be used in the manufacture of controlled
substances;].
(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 [;
and].
(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 [at risk of suffering bodily injury,
substantial bodily injury, or serious bodily injury from exposure to, ingestion of, inhalation of, or]
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 .

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