32A-13-110 (Repealed 07/01/11) - Sentencing considerations.
32A-13-110 (Repealed 07/01/11). Sentencing considerations.
(1) In sentencing an actor for a misdemeanor violation of Section 32A-12-203 orSubsection 32A-12-209(1), the court shall consider the elements under Subsection (2) as amitigating factor.
(2) The mitigating factor referred to in Subsection (1) is:
(a) the actor committed an offense under Subsection (1) in the course of the same eventregarding which the actor contacted a law enforcement agency for emergency assistance for aperson whom the actor reasonably believed was, at the time the call was made, in need ofmedical care due to having apparently consumed an excessive amount of alcohol;
(b) the actor was younger than 21 years of age at the time of the offense;
(c) the actor was present during the incident of alcohol consumption that resulted in theactor's call to law enforcement under this section, but the actor was not involved in coercing orencouraging the endangered person to consume alcohol; and
(d) the actor was not charged with any other criminal conduct during the incident whenthe actor committed the offense listed under Subsection (1).
Enacted by Chapter 329, 2010 General Session