1. (1) Except as provided in Subsection (2), a person younger than 18 years of age, whether a resident or nonresident of this state, may not use a wireless telephone to communicate with another person while operating a motor vehicle upon a highway of this state.

2. (2) It is an affirmative defense to a violation of this section that a person younger than 18 years of age was using a wireless telephone while operating a motor vehicle:

   1. (a) during a medical emergency;
   2. (b) when reporting a safety hazard or requesting assistance relating to a safety hazard;
   3. (c) when reporting a criminal activity or requesting assistance relating to a criminal activity; or
   4. (d) when communicating with a parent or legal guardian.
3. (3) A person who violates this section is guilty of an infraction and shall be fined a maximum of $25.

4. (4)

   1. (a) A violation of this section is not a reportable violation.
   2. (b) The Driver License Division may not assess points under Section 53-3-221 against the driving record of the person who violates this section.

Enacted by Chapter 326, 2013 General Session