32B-4-411. 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:; or Chapter 1, Part 4, Proof of Age Act if as part of the violation the minor uses a proof of age in violation of: Chapter 1, Part 4, Proof of Age Act Section; or 32B-4-409 Section. 32B-4-410
(2) If a court finds a minor engaged in a proof of age violation, notwithstanding the penalties provided for in Subsection: (1) for a first violation, the minor is guilty of a class B misdemeanor; for a second violation, the minor is guilty of a class A misdemeanor; and for a third or subsequent violation, the minor is guilty of a class A misdemeanor, except that the court may impose: a fine of up to $5,000; screening, assessment, or substance use disorder treatment, as defined in Section; 41-6a-501 an educational series, as defined in Section; 41-6a-501 alcoholic product related community service or compensatory service work program hours; fees for restitution and treatment costs; defensive driver education courses; or a combination of these penalties; for a minor who is younger than 18 years old: the court may forward to the Driver License Division a record of an adjudication under Section, for a violation under this section; and 80-6-701 the provisions regarding suspension of a driver license under Sectionapply; and 80-6-707 for a minor who is at least 18 years old, but younger than 21 years old: the court shall forward to the Driver License Division a record of conviction for a violation under this section; and the Driver License Division shall suspend the person's license under Section; and 53-3-220 notwithstanding Subsection, if a minor is adjudicated under Section, the court may order: (2)(a) 80-6-701 substance use disorder treatment or an educational series only if the minor has an assessed need for the intervention based on the results of a validated assessment; and a fine, fee, service hours, or costs in accordance with Section. 80-6-709
(3) Notwithstanding Subsection, the court may reduce the suspension period under Subsectionorif: (2)(b) 53-3-220(1)(e) 80-6-707(4)(a)(ii)(A) the violation is the minor's first violation of this section; and the minor completes an educational series as defined in Section; or 41-6a-501 the minor demonstrates substantial progress in substance use disorder treatment. Notwithstanding the requirement in Subsection, the court may reduce the suspension period under Subsectionorif: (2)(b) 53-3-220(1)(e) 80-6-707(4)(a)(ii)(B) the violation is the minor's second or subsequent violation of this section; the person has completed an educational series as defined in Sectionor demonstrated substantial progress in substance use disorder treatment; and 41-6a-501 the person is 18 years old or older and provides a sworn statement to the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsectionor; or 53-3-220(1)(e) 80-6-707(4)(b)(ii)(A) the minor is under 18 years old and has the minor's parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsectionor. 53-3-220(1)(e) 80-6-707(4)(b)(ii)(B)
(4) When the Department of Public Safety receives the arrest or conviction record of an individual for a driving offense committed while the individual's license is suspended pursuant to this section, the Department of Public Safety shall extend the suspension for an additional like period of time.
(5) A court may not fail to enter a judgment of conviction under this section under a plea in abeyance agreement.