H.B. 206

1

BAN ON SALE OF SMOKING
2 PARAPHERNALIA TO MINORS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Paul Ray
6 Senate Sponsor: Wayne L. Niederhauser
7
8 LONG TITLE
9 General Description:
10 This bill amends Utah Criminal Code provisions related to access to tobacco products
11 by a person under the age of 19.
12 Highlighted Provisions:
13 This bill:
14 . defines tobacco paraphernalia; and
15 . makes it a misdemeanor to provide tobacco paraphernalia to a person under the age
16 of 19.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 76-10-104.1, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-10-104.1 is enacted to read:
27 76-10-104.1. Providing tobacco paraphernalia to minors -- Penalties.

28 (1) For purposes of this section:
29 (a) "Provides":
30 (i) includes selling, giving, furnishing, sending, or causing to be sent; and
31 (ii) does not include the acts of the United States Postal Service or other common
32 carrier when engaged in the business of transporting and delivering packages for others or the
33 acts of a person, whether compensated or not, who transports or delivers a package for another
34 person without any reason to know of the package's content.
35 (b) "Tobacco paraphernalia":
36 (i) means any equipment, product, or material used, or intended for use to package,
37 repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a cigar, cigarette, or
38 tobacco in any form into the human body, including:
39 (A) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
40 screens, permanent screens, hashish heads, or punctured metal bowls;
41 (B) water pipes;
42 (C) carburetion tubes and devices;
43 (D) smoking and carburetion masks;
44 (E) roach clips: meaning objects used to hold burning material, such as a cigarette, that
45 has become too small or too short to be held in the hand;
46 (F) chamber pipes;
47 (G) carburetor pipes;
48 (H) electric pipes;
49 (I) air-driven pipes;
50 (J) chillums;
51 (K) bongs; and
52 (L) ice pipes or chillers; and
53 (ii) does not include matches or lighters.
54 (2) Any person who knowingly, intentionally, recklessly, or with criminal negligence
55 provides any tobacco paraphernalia to any person under 19 years of age, is guilty of a class C
56 misdemeanor on the first offense, a class B misdemeanor on the second offense, and a class A
57 misdemeanor on subsequent offenses.

Legislative Review Note
as of 1-6-10 8:35 AM

Office of Legislative Research and General Counsel