58-37c-19.7 - Red phosphorus is a precursor -- Affirmative defense. - Utah Statutes

State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-37c > 58-37c-19-7

58-37c-19.7. Red phosphorus is a precursor -- Affirmative defense.
(1) A person is guilty of a class A misdemeanor who is not licensed to engage in aregulated transaction and is not excepted from licensure who, under circumstances not amountingto a violation of Subsection 58-37c-3(12)(k) or 58-37d-4(1)(a), possesses any amount of redphosphorus.
(2) It is an affirmative defense to a charge under Subsection (1) that the person inpossession of red phosphorus:
(a) is conducting a licensed business which involves red phosphorus in the manufactureof any of the following:
(i) the striking surface used for lighting matches, which is sometimes referred to as thestriker plate;
(ii) flame retardant in polymers; or
(iii) fireworks, for which the person or entity possesses a federal license to manufactureexplosives as required under 27 CFR Chapter 1, Part 55, Commerce in Explosives; or
(b) (i) is a wholesaler, manufacturer, warehouseman, or common carrier handling redphosphorus, or is an agent of any of these persons; and
(ii) possesses the substances in the regular course of lawful business activities.
(3) (a) The defendant shall provide written notice of intent to claim an affirmativedefense under this section as soon as practicable, but not later than 10 days prior to trial. Thecourt may waive the notice requirement in the interest of justice for good cause shown, if theprosecutor is not unfairly prejudiced by the lack of timely notice.
(b) The notice shall include the specifics of the affirmative defense.
(c) The defendant shall establish the affirmative defense by a preponderance of theevidence. If the defense is established, it is a complete defense to the charges.
(4) Subsection (1) does not apply to:
(a) a chemistry or chemistry-related laboratory maintained by:
(i) a public or private regularly established secondary school; or
(ii) a public or private institution of higher education that is accredited by a regional ornational accrediting agency recognized by the United States Department of Education; or
(b) a retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, oran agent of any of these persons who possesses red phosphorus in the regular course of lawfulbusiness activities.

Enacted by Chapter 272, 2000 General Session

State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-37c > 58-37c-19-7

58-37c-19.7. Red phosphorus is a precursor -- Affirmative defense.
(1) A person is guilty of a class A misdemeanor who is not licensed to engage in aregulated transaction and is not excepted from licensure who, under circumstances not amountingto a violation of Subsection 58-37c-3(12)(k) or 58-37d-4(1)(a), possesses any amount of redphosphorus.
(2) It is an affirmative defense to a charge under Subsection (1) that the person inpossession of red phosphorus:
(a) is conducting a licensed business which involves red phosphorus in the manufactureof any of the following:
(i) the striking surface used for lighting matches, which is sometimes referred to as thestriker plate;
(ii) flame retardant in polymers; or
(iii) fireworks, for which the person or entity possesses a federal license to manufactureexplosives as required under 27 CFR Chapter 1, Part 55, Commerce in Explosives; or
(b) (i) is a wholesaler, manufacturer, warehouseman, or common carrier handling redphosphorus, or is an agent of any of these persons; and
(ii) possesses the substances in the regular course of lawful business activities.
(3) (a) The defendant shall provide written notice of intent to claim an affirmativedefense under this section as soon as practicable, but not later than 10 days prior to trial. Thecourt may waive the notice requirement in the interest of justice for good cause shown, if theprosecutor is not unfairly prejudiced by the lack of timely notice.
(b) The notice shall include the specifics of the affirmative defense.
(c) The defendant shall establish the affirmative defense by a preponderance of theevidence. If the defense is established, it is a complete defense to the charges.
(4) Subsection (1) does not apply to:
(a) a chemistry or chemistry-related laboratory maintained by:
(i) a public or private regularly established secondary school; or
(ii) a public or private institution of higher education that is accredited by a regional ornational accrediting agency recognized by the United States Department of Education; or
(b) a retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, oran agent of any of these persons who possesses red phosphorus in the regular course of lawfulbusiness activities.

Enacted by Chapter 272, 2000 General Session

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-37c > 58-37c-19-7

58-37c-19.7. Red phosphorus is a precursor -- Affirmative defense.
(1) A person is guilty of a class A misdemeanor who is not licensed to engage in aregulated transaction and is not excepted from licensure who, under circumstances not amountingto a violation of Subsection 58-37c-3(12)(k) or 58-37d-4(1)(a), possesses any amount of redphosphorus.
(2) It is an affirmative defense to a charge under Subsection (1) that the person inpossession of red phosphorus:
(a) is conducting a licensed business which involves red phosphorus in the manufactureof any of the following:
(i) the striking surface used for lighting matches, which is sometimes referred to as thestriker plate;
(ii) flame retardant in polymers; or
(iii) fireworks, for which the person or entity possesses a federal license to manufactureexplosives as required under 27 CFR Chapter 1, Part 55, Commerce in Explosives; or
(b) (i) is a wholesaler, manufacturer, warehouseman, or common carrier handling redphosphorus, or is an agent of any of these persons; and
(ii) possesses the substances in the regular course of lawful business activities.
(3) (a) The defendant shall provide written notice of intent to claim an affirmativedefense under this section as soon as practicable, but not later than 10 days prior to trial. Thecourt may waive the notice requirement in the interest of justice for good cause shown, if theprosecutor is not unfairly prejudiced by the lack of timely notice.
(b) The notice shall include the specifics of the affirmative defense.
(c) The defendant shall establish the affirmative defense by a preponderance of theevidence. If the defense is established, it is a complete defense to the charges.
(4) Subsection (1) does not apply to:
(a) a chemistry or chemistry-related laboratory maintained by:
(i) a public or private regularly established secondary school; or
(ii) a public or private institution of higher education that is accredited by a regional ornational accrediting agency recognized by the United States Department of Education; or
(b) a retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, oran agent of any of these persons who possesses red phosphorus in the regular course of lawfulbusiness activities.

Enacted by Chapter 272, 2000 General Session