32B-4-411 (Effective 07/01/11) - Minor's unlawful use of proof of age.
32B-4-411 (Effective 07/01/11). Minor's unlawful use of proof of age.
(1) As used in this section, "proof of age violation" means a violation by a minor of:
(a) Chapter 1, Part 4, Proof of Age Act; or
(b) if as part of the violation the minor uses a proof of age in violation of Chapter 1, Part4, Proof of Age Act:
(i) Section 32B-4-409; or
(ii) Section 32B-4-410.
(2) If a court finds a minor engaged in a proof of age violation, notwithstanding thepenalties provided for in Subsection (1):
(a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
(ii) for a second violation, the minor is guilty of a class A misdemeanor; and
(iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,except that the court may impose:
(A) a fine of up to $5,000;
(B) screening, assessment, or substance abuse treatment, as defined in Section41-6a-501;
(C) an educational series, as defined in Section 41-6a-501;
(D) alcoholic product related community service or compensatory service work programhours;
(E) fees for restitution and treatment costs;
(F) defensive driver education courses; or
(G) a combination of these penalties; and
(b) (i) for a minor who is at least 13 years old, but younger than 18 years old:
(A) the court shall forward to the Driver License Division a record of an adjudicationunder Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under this section; and
(B) the provisions regarding suspension of a driver license under Section 78A-6-606apply; and
(ii) for a minor who is at least 18 years old, but younger than 21 years old:
(A) the court shall forward to the Driver License Division a record of conviction for aviolation under this section; and
(B) the Driver License Division shall suspend the person's license under Section53-3-220.
(3) When the Department of Public Safety receives the arrest or conviction record of anindividual for a driving offense committed while the individual's license is suspended pursuant tothis section, the Department of Public Safety shall extend the suspension for an additional likeperiod of time.
(4) A court may not fail to enter a judgment of conviction under this section under a pleain abeyance agreement.
Enacted by Chapter 276, 2010 General Session