76-8-311.9. Prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility.
(1) As used in this section: "Correctional facility" means the same as that term is defined in Section. 76-8-311.3 "Electronic cigarette product" means the same as that term is defined in Section. 76-9-1101 "Nicotine product" means the same as that term is defined in Section. 76-9-1101 "Offender" means the same as that term is defined in Section. 76-8-311.3 "Tobacco product" means the same as that term is defined in Section. 76-9-1101 Terms defined in Sectionsandapply to this section. 76-1-101.5 76-8-101
(2) An actor commits prohibited tobacco, electronic cigarette, or nicotine product in a correctional facility if the actor, with the intent to directly or indirectly provide or sell a tobacco product, electronic cigarette product, or nicotine product to an offender, directly or indirectly: transports, delivers, or distributes a tobacco product, electronic cigarette product, or nicotine product to an offender or on the grounds of a correctional facility; solicits, requests, commands, coerces, encourages, or intentionally aids another individual to transport a tobacco product, electronic cigarette product, or nicotine product to an offender or on the grounds of a correctional facility, if the other individual is acting with the mental state required for the commission of an offense; or facilitates, arranges, or causes the transport of a tobacco product, electronic cigarette product, or nicotine product in violation of this section or Sectionto an offender or on the grounds of a correctional facility. 76-8-311.3
(3) Except as provided in Subsection (4), a violation of Subsection (2) is a class A misdemeanor.
(4) The defenses provided in Sectionapply to this section. 76-8-311.3
(5) In accordance with Section, the Department of Corrections shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines for providing written notice to visitors that providing a tobacco product, electronic cigarette product, or nicotine product to an offender is a class A misdemeanor. 76-8-311.3