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The State Laws of Utah

The State Laws of Utah


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. If you need legal advice and assistance, contact Utah lawyers.

Utah Abortion Laws

Within the state of Utah, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Utah state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of Utah

•    A legal abortion may take place in order to avoid serious birth defect and trauma sustained by either mother or child; in the state of Utah, abortions may only take prior to the 20-week mark of pregnancy in the case(s) of sexual assault and incest

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol– conducting unlawful abortions may result in the revocation of medical licenses

Utah Common Law Marriage

Common Law Marriage is currently legal in the state of Utah

Utah Marijuana Laws

Within the state of Utah, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Utah State Government is a punishable, criminal offense. Any Marijuana conviction taking place in the state of Utah results in a mandatory minimum loss of license for 6 months. The following penalties are associated with Marijuana within the state of Utah:

Possession/Under the Influence of Marijuana

1.    Amount: less than 1 ounce

•    Penalty: 6 months’ incarceration

•    Fines: $1,000

•    Classification: Misdemeanor

2.    Amount: 1 ounce – 1 pound

•    Penalty: 1 year incarceration

•    Fines: $2,500

•    Classification: Misdemeanor

3.    Amount: 1 pound – 100 pounds

•    Penalty: 5 years’ incarceration

•    Fines: $5,000

•    Classification: Felony

4.    Amount: 100 pound +

•    Penalty: 1 – 15 years’ incarceration

•    Fines: $10,000

•    Classification: Felony

Cultivation/Sale of Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone or Public Park – the sale of Marijuana to a minor may also incur additional fines and incarceration

5.    Amount: Any

•    Penalty: 5 years’ incarceration

•    Fines: $5,000

•    Classification: Felony

Medical Marijuana

Within the state of Utah, Medical Marijuana is considered to be illegal both for patient use and cultivation

Utah DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Utah:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Utah, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .00%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Utah, supplementary penalties may be incurred due to BAC levels exceeding .16%

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Utah, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device and mandatory substance abuse counseling

Utah Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Utah, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons, individuals addicted to narcotics, minors, individuals receiving a dishonorable discharge from the Armed Forces, and individuals who have been in long-term care in a mental health facility is illegal in the state of Utah;  individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A waiting period for the purchase of a firearm does not currently exist in the state of Utah

•    Current listing or report of forearms considered to be illegal in the state of Utah: purposefully-altered firearm

•    Legal resident aliens are only permitted to own handguns

Utah Adoption Laws

In the state of Utah, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child; unmarried individuals sharing a residence cannot adopt:

•    Within the state of Utah, and individual must maintain residence for a period of no less than 6 months; a minimum of residence for 1 year is applicable for step-parents

•    Any individual may be adopted; children above the age(s) of 12 must express consent with regard to a potential adoption

•    Within the state of Utah, the Department of Child and Family Services mandates all adoptions

•    Once an adoption is finalized, it cannot be overturned

Utah Employment and Labor Laws

•    Within the state of Utah, the minimum wage is $6.55 – $7.25 awarded per hour of labor

•    Within the state of Utah, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Utah Divorce Laws

Within the state of Utah, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 90days residence within the state of Utah

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences; a separation must take place for no less than 3 years’ time

•    Additional grounds for divorce can include cruelty, adultery, impotence, addiction, and insanity

Utah Death Penalty Laws

Within the state of Utah, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability authorized by a court or pregnancy, capital punishment is disallowed

•    There does not exist a minimum age permissible for a capital punishment sentence

•    Within the state of Utah, homicide is considered to be the only crime punishable by death

•    The accepted means of capital punishment is lethal injection or firing squad; the defendant retains the right to choose

Utah Gambling Laws

Within the state of Utah, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth – gambling is illegal in the state of Utah

Utah Child Laws

Within the state of Utah, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within  grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision