Utah Title 76 — Utah Criminal Code :: 76-10-104.1 — Providing Tobacco Paraphernalia To Minors -- Penalties.

76-10-104.1. Providing tobacco paraphernalia to minors -- Penalties.
(1) For purposes of this section:
(a) "Provides":
(i) includes selling, giving, furnishing, sending, or causing to be sent; and
(ii) does not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others or the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's content.
(b) "Tobacco paraphernalia":
(i) means any equipment, product, or material used, or intended for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a cigar, cigarette, or tobacco in any form into the human body, including:
(A) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(B) water pipes;
(C) carburetion tubes and devices;
(D) smoking and carburetion masks;
(E) roach clips: meaning objects used to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand;
(F) chamber pipes;
(G) carburetor pipes;
(H) electric pipes;
(I) air-driven pipes;
(J) chillums;
(K) bongs; and
(L) ice pipes or chillers; and
(ii) does not include matches or lighters.
(2) Any person who knowingly, intentionally, recklessly, or with criminal negligence provides any tobacco paraphernalia to any person under 19 years of age, is guilty of a class C misdemeanor on the first offense and a class B misdemeanor on subsequent offenses.

Enacted by Chapter 316, 2010 General Session

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