32B-4-403 (Effective 07/01/11) - Unlawful sale, offer for sale, or furnishing to minor.
32B-4-403 (Effective 07/01/11). Unlawful sale, offer for sale, or furnishing to minor.
(1) A person may not sell, offer for sale, or furnish an alcoholic product to a minor.
(2) (a) (i) Except as provided in Subsection (3), a person is guilty of a class Bmisdemeanor if the person who violates Subsection (1) negligently or recklessly fails todetermine whether the recipient of the alcoholic product is a minor.
(ii) As used in this Subsection (2)(a), "negligently" means with simple negligence.
(b) Except as provided in Subsection (3), a person is guilty of a class A misdemeanor ifthe person who violates Subsection (1) knows the recipient of the alcoholic product is a minor.
(3) This section does not apply to the furnishing of an alcoholic product to a minor inaccordance with this title:
(a) for medicinal purposes by:
(i) the parent or guardian of the minor; or
(ii) the health care practitioner of the minor, if the health care practitioner is authorizedby law to write a prescription; or
(b) as part of a religious organization's religious services.
Enacted by Chapter 276, 2010 General Session