Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-1 — Assault and Related Offenses
Utah Code

Utah Code § 76-5-112.5 (2026)

Endangerment of a child or vulnerable adult

✓ current as of May 2026
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As used in this section:
"Chemical substance" means:
a substance intended to be used as a precursor in the manufacture of a controlled substance;
a substance intended to be used in the manufacture of a controlled substance; or
any fumes or by-product resulting from the manufacture of a controlled substance.
Intent under this Subsection (1)(a)(i) may be demonstrated by:
the use, quantity, or manner of storage of the substance; or
the proximity of the substance to other precursors or to manufacturing equipment.
"Child" means an individual who is under 18 years old.
"Controlled substance" means the same as that term is defined in Section 58-37-101.
"Drug paraphernalia" means the same as that term is defined in Section 76-18-301.
"Exposed to" means that the child or vulnerable adult:
is able to access an unlawfully possessed:
controlled substance; or
chemical substance;
has the reasonable capacity to access drug paraphernalia; or
is able to smell an odor produced during, or as a result of, the manufacture or production of a controlled substance.
"Prescription" means the same as that term is defined in Section 58-37-101.
"Vulnerable adult" means the same as that term is defined in Section 76-5-111.
Terms defined in Section 76-1-101.5 apply to this section.
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.
A violation of Subsection (2) is a third degree felony.
Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree felony if:
the actor engages in the conduct described in Subsection (2); and
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.
Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first degree felony if:
the actor engages in the conduct described in Subsection (2); and
as a result of the conduct described in Subsection (2), the child or the vulnerable adult dies.
Notwithstanding Subsection (3), a child may not be subjected to delinquency proceedings for a violation of Subsection (2) unless:
the child is 15 years old or older; and
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.
It is an affirmative defense to a violation of this section that the controlled substance:
was obtained by lawful prescription or in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; and
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.
The penalties described in this section are separate from, and in addition to, the penalties and enhancements described in Title 58, Occupations and Professions.
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.
Notes of Decisions
Cited in 9 cases, 2004–2015 · leading case: State v. Gallegos, 2007 UT 81 (Utah 2007).
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State v. Gallegos, 2007 UT 81 (Utah 2007). · cites it 6× “" Utah Code Ann. § 76-5-112.5 (2) (20083) (emphasis added).”
State v. Geiser, 2009 ND 36 (N.D. 2009). · cites it 2× “" Utah Code Ann. § 76-5-112.5 (1)(b). Section 76-5-109(1)(a), Utah Code Ann.”
State v. Atencio, 2004 UT App 93 (Utah Ct. App. 2004). · cites it 2× “y 20, 2002, the State filed an information charging Defendant with (1) two counts of unlawful possession of a controlled substance, in violation of Utah Code Annotated section 58 — 37—8(2)(a)(i) (2002); (2) unlawful possession of drug paraphernalia, in violation of Utah Code…”
State v. Draper, 128 P.3d 1220 (Utah Ct. App. 2006). · cites it 18× “OPINION THORNE, Judge: 1 1 Becky Draper was charged with a single count of endangerment of a child, a third degree felony, see Utah Code Ann. § 76-5-112.5 (2008), after she allegedly exposed her infant to a controlled substance by breastfeeding after using marijuana.”
State Ex Rel. T.M., 147 P.3d 529 (Utah Ct. App. 2006). · cites it 2× “See Utah Code Ann. § 76-5-112.5 (2003). In October 2005, Father was convicted of disorderly conduct.”
State v. Nieberger, 2006 UT App 5 (Utah Ct. App. 2006). · cites it 41× “"[ 4 The State charged Nieberger with two counts of child endangerment, see Utah Code Ann. § 76-5-112.5 , as well as two other drug-related counts that are not at issue in this appeal.”
State v. Garcia, 2007 UT App 228 (Utah Ct. App. 2007). “§ 76-5-112.5 (2008); and one count of unlawful possession of drug paraphernalia, a class A misdemeanor, see id.”
State Ex Rel. Tm, 2006 UT App 435 (Utah Ct. App. 2006). · cites it 2× “See Utah Code Ann. § 76-5-112.5 (2003). In October 2005, Father was convicted of disorderly conduct.”
State v. Bossert, 2015 UT App 275 (2015). · cites it 8× “See Utah Code Ann. § 76-5-112.5 (2)(a) (LexisNexis 2012).”
— Utah Code § 76-5-112.5(1)(a) — 1 case
State v. Nieberger, 2006 UT App 5 (Utah Ct. App. 2006). “"[ 4 The State charged Nieberger with two counts of child endangerment, see Utah Code Ann. § 76-5-112.5 , as well as two other drug-related counts that are not at issue in this appeal.”
— Utah Code § 76-5-112.5(1)(b) — 1 case
State v. Nieberger, 2006 UT App 5 (Utah Ct. App. 2006). “"[ 4 The State charged Nieberger with two counts of child endangerment, see Utah Code Ann. § 76-5-112.5 , as well as two other drug-related counts that are not at issue in this appeal.”
— Utah Code § 76-5-112.5(1)(d) — 1 case
State v. Nieberger, 2006 UT App 5 (Utah Ct. App. 2006). “"[ 4 The State charged Nieberger with two counts of child endangerment, see Utah Code Ann. § 76-5-112.5 , as well as two other drug-related counts that are not at issue in this appeal.”
— Utah Code § 76-5-112.5(1)(e) — 1 case
State v. Nieberger, 2006 UT App 5 (Utah Ct. App. 2006). “"[ 4 The State charged Nieberger with two counts of child endangerment, see Utah Code Ann. § 76-5-112.5 , as well as two other drug-related counts that are not at issue in this appeal.”
— Utah Code § 76-5-112.5(2) — 1 case
State v. Gallegos, 2007 UT 81 (Utah 2007). “" Utah Code Ann. § 76-5-112.5 (2) (20083) (emphasis added).”
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