Unlawful transfer of proof of age

(1) (a) As used in this section: (i) "Proof of age" means: (A) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act; (B) a valid identification that: (I) is substantially similar to an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act; (II) is issued in accordance with the laws of a state other than Utah in which the identification is issued; (III) includes date of birth; and (IV) has a picture affixed; (C) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued; (D) a valid United States military identification card that: (I) includes date of birth; and (II) has a picture affixed; or (E) a valid passport. (ii) "Proof of age" does not include a driving privilege card issued in accordance with Section 53-3-207. (b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section. (2) Except as provided in Subsection (4), an actor commits unlawful transfer of proof of age if the actor intentionally or knowingly transfers the actor's proof of age to another individual to aid that individual in: (a) purchasing a tobacco product, an electronic cigarette product, or a nicotine product; or (b) gaining admittance to any part of the premises of a retail tobacco specialty business. (3) A violation of Subsection (2) is a class B misdemeanor. (4) Subsection (2) does not apply to an individual who uses a false identification in accordance with Subsection 77-39-101(4) at the request of a peace officer.