2010 Utah Code
Title 32A - Alcoholic Beverage Control Act
Chapter 12 - Criminal Offenses
32A-12-223 (Repealed 07/01/11) - Minor's unlawful use of proof of age.

32A-12-223 (Repealed 07/01/11). Minor's unlawful use of proof of age.
(1) As used in this section, "proof of age violation" means a violation by a minor of:
(a) Chapter 1, Part 3, Proof of Age; or
(b) if as part of the violation the minor uses a proof of age in violation of Chapter 1, Part 3, Proof of Age:
(i) Section 32A-12-209; or
(ii) Section 32A-12-209.5.
(2) If a court finds a minor engaged in a proof of age violation, notwithstanding the penalties provided for in the provisions listed in Subsection (1):
(a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
(ii) for a second violation, the minor is guilty of a class A misdemeanor; and
(iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor, except that the court may impose:
(A) a fine of up to $5,000;
(B) screening, assessment, or substance abuse treatment, as defined in Section 41-6a-501;
(C) an educational series, as defined in Section 41-6a-501;
(D) alcoholic beverage related community service or compensatory-service work program hours;
(E) fees for restitution and treatment costs;
(F) defensive driver education courses; or
(G) a combination of these penalties; and
(b) (i) for a minor who is at least 13 years old, but younger than 18 years old:
(A) the court shall forward to the Driver License Division a record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under this section; and
(B) the provisions regarding suspension of a driver's license under Section 78A-6-606 apply; and
(ii) for a minor who is at least 18 years old, but younger than 21 years old:
(A) the court shall forward to the Driver License Division a record of conviction for a violation under this section; and
(B) the Driver License Division shall suspend the person's license under Section 53-3-220.
(3) When the Department of Public Safety receives the arrest or conviction record of an individual for a driving offense committed while the individual's license is suspended pursuant to this section, the Department of Public Safety shall extend the suspension for an additional like period of time.
(4) A court may not fail to enter a judgment of conviction under this section under a plea in abeyance agreement.

Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 353, 2009 General Session

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