{"data":{"id":"us-ut/utah-code-76-18-217","jurisdiction":"us-ut","citation":"Utah Code § 76-18-217","heading":"Unlawfully prescribing or dispensing a controlled substance to a person known to be using unlawful means.","body":"(1) Terms defined in Sections 58-37-101, 76-1-101.5, 76-18-101, and 76-18-201 apply to this section.\n(2) An actor commits unlawfully prescribing or dispensing a controlled substance to a person known to be using unlawful means if the actor knowingly and intentionally prescribes or dispenses to a person known to be attempting to acquire or obtain possession of, or to procure the administration of, a controlled substance by:\n(a) misrepresentation;\n(b) failure by the person to disclose receiving a controlled substance from another source;\n(c) fraud;\n(d) forgery;\n(e) deception;\n(f) subterfuge;\n(g) alteration of a prescription or written order for a controlled substance; or\n(h) the use of a false name or address.\n(3) A violation of Subsection (2) is:\n(a) a class A misdemeanor on a first or second conviction; or\n(b) a third degree felony on a third or subsequent conviction.\n(4)\n(a) An actor may be charged and sentenced for a violation of this section, notwithstanding a charge and sentence for a violation of any other section of this part or Title 58, Chapter 37, Controlled Substances.\n(b) A penalty imposed for a violation of this section is in addition to, and not in lieu of, a civil or administrative penalty or sanction authorized by law.\n(c) Defenses and exemptions in Section 76-18-203 apply to this section.\n(d) A previous conviction used for a penalty enhancement under this section includes a conviction for an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of this section.\n(5) If a minor who is under 18 years old is found by a court to have violated this section, the court may order the minor to complete:\n(a) a screening as defined in Section 41-6a-501;\n(b) an assessment as defined in Section 41-6a-501 if the screening described in Subsection (5)(a) indicates that an assessment is appropriate; and\n(c) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (5)(b).","path":["Title 76 Criminal Offenses","Chapter 76-18 Drug Offenses","Part 76-18-2 Offenses Concerning Controlled Substances"],"source_url":"https://le.utah.gov/xcode/Title76/Chapter18/76-18-S217.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"8e27e71b1a15c61dcecedcaca6e706986ddb3937622824647542f2dfb856f28e","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-76-18-216","next":"us-ut/utah-code-76-18-218"},"notice":"GroundRules: Original legal text. Not legal advice."}