1. (1)

   1. (a) As used in this section:

      1. (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
      2. (ii) "Electronic cigarette product" means the same as that term is defined in Section 76-9-1101.
      3. (iii) "Nicotine product" means the same as that term is defined in Section 76-9-1101.
      4. (iv) "Offender" means the same as that term is defined in Section 76-8-311.3.
      5. (v) "Tobacco product" means the same as that term is defined in Section 76-9-1101.
   2. (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

2. (2) An actor commits prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility if the actor, with the intent to directly or indirectly provide or sell a tobacco product, electronic cigarette product, or nicotine product to an offender, directly or indirectly:

   1. (a) transports, delivers, or distributes a tobacco product, electronic cigarette product, or nicotine product to an offender or on the grounds of a correctional facility;
   2. (b) solicits, requests, commands, coerces, encourages, or intentionally aids another individual to transport a tobacco product, electronic cigarette product, or nicotine product to an offender or on the grounds of a correctional facility, if the other individual is acting with the mental state required for the commission of an offense; or
   3. (c) facilitates, arranges, or causes the transport of a tobacco product, electronic cigarette product, or nicotine product in violation of this section or Section 76-8-311.3 to an offender or on the grounds of a correctional facility.
3. (3) Except as provided in Subsection (4), a violation of Subsection (2) is a class A misdemeanor.
4. (4) The defenses provided in Section 76-8-311.3 apply to this section.
5. (5) In accordance with Section 76-8-311.3, the Department of Corrections shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines for providing written notice to visitors that providing a tobacco product, electronic cigarette product, or nicotine product to an offender is a class A misdemeanor.

Enacted by Chapter 96, 2024 General Session