(1) A person may not sell, offer for sale, or furnish an alcoholic product directly to:
- (a) a person who is actually or apparently intoxicated; or
- (b) a person whom the person furnishing the alcoholic product knows or should know from the circumstances is actually or apparently intoxicated.
(2)
- (a) A person who negligently or recklessly violates Subsection (1) is guilty of a class B misdemeanor.
- (b) A person who knowingly violates Subsection (1) is guilty of a class A misdemeanor.
- (3) As used in Subsection (2)(a), "negligently" means with simple negligence.
Amended by Chapter 291, 2021 General Session