76-18-216. Unlawful conduct to obtain a controlled substance.
(1) Terms defined in Sections,,, andapply to this section. 58-37-101 76-1-101.5 76-18-101 76-18-201
(2) An actor commits unlawful conduct to obtain a controlled substance if the actor knowingly and intentionally acquires, obtains possession of, procures or attempts to procure the administration of, or obtains a prescription for, a controlled substance by: misrepresentation; failure to disclose receiving a controlled substance from another source; fraud; forgery; deception; subterfuge; alteration of a prescription or written order for a controlled substance; or use of a false name or address.
(3) A violation of Subsectionis: (2) a class A misdemeanor on a first or second conviction; or a third degree felony on a third or subsequent conviction.
(4) 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. 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. Defenses and exemptions in Sectionapply to this section. 76-18-203 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.
(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: a screening as defined in Section; 41-6a-501 an assessment as defined in Sectionif the screening described in Subsectionindicates that an assessment is appropriate; and 41-6a-501 (5)(a) an educational series as defined in Sectionor substance use disorder treatment as indicated by an assessment described in Subsection. 41-6a-501 (5)(b)