Section 76-5-112.5 - Endangerment of a child or vulnerable adult(1)(a) As used in this section: (i)(A) "Chemical substance" means:(I) a substance intended to be used as a precursor in the manufacture of a controlled substance;(II) a substance intended to be used in the manufacture of a controlled substance; or(III) any fumes or by-product resulting from the manufacture of a controlled substance.(B) Intent under this Subsection (1)(a)(i) may be demonstrated by:(I) the use, quantity, or manner of storage of the substance; or(II) the proximity of the substance to other precursors or to manufacturing equipment.(ii) "Child" means an individual who is under 18 years old.(iii) "Controlled substance" means the same as that term is defined in Section 58-37-2.(iv) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.(v) "Exposed to" means that the child or vulnerable adult:(A) is able to access an unlawfully possessed:(I) controlled substance; or(B) has the reasonable capacity to access drug paraphernalia; or(C) is able to smell an odor produced during, or as a result of, the manufacture or production of a controlled substance.(vi) "Prescription" means the same as that term is defined in Section 58-37-2.(vii) "Vulnerable adult" means the same as that term is defined in Section 76-5-111.(b) Terms defined in Section 76-1-101.5 apply to this section.(2) An actor commits endangerment of a child or vulnerable adult if the actor knowingly or intentionally causes or permits a child or a vulnerable adult to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical substance, or drug paraphernalia.(3)(a) A violation of Subsection (2) is a third degree felony.(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree felony if: (i) the actor engages in the conduct described in Subsection (2); and(ii) as a result of the conduct described in Subsection (2), the child or the vulnerable adult suffers bodily injury, substantial bodily injury, or serious bodily injury.(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first degree felony if: (i) the actor engages in the conduct described in Subsection (2); and(ii) as a result of the conduct described in Subsection (2), the child or the vulnerable adult dies.(4)(a) Notwithstanding Subsection (3), a child may not be subjected to delinquency proceedings for a violation of Subsection (2) unless:(i) the child is 15 years old or older; and(ii) the other child who is exposed to or inhales, ingests, or has contact with the controlled substance, chemical substance, or drug paraphernalia, is under 12 years old.(b) It is an affirmative defense to a violation of this section that the controlled substance:(i) was obtained by lawful prescription or in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; and(ii) is used or possessed by the individual to whom the controlled substance was lawfully prescribed or recommended to under Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.(5) The penalties described in this section are separate from, and in addition to, the penalties and enhancements described in Title 58, Occupations and Professions.(6) If an offense committed under this section amounts to an offense subject to a greater penalty under another provision of state law, this section does not prohibit prosecution and sentencing for the more serious offense.Amended by Chapter 330, 2023 General Session ,§ 40, eff. 5/3/2023.Amended by Chapter 181, 2022 General Session ,§ 48, eff. 5/4/2022.Amended by Chapter 132, 2020 General Session ,§ 1, eff. 5/12/2020.Amended by Chapter 320, 2011, 2011 General Session.