Unlawful conduct to obtain a controlled substance

(1) Terms defined in Sections 58-37-101, 76-1-101.5, 76-18-101, and 76-18-201 apply to this section. (2) An actor commits unlawful conduct to obtain a controlled substance if the actor knowingly and intentionally acquires, obtains possession of, procures or attempts to procure the administration of, or obtains a prescription for, a controlled substance by: (a) misrepresentation; (b) failure to disclose receiving a controlled substance from another source; (c) fraud; (d) forgery; (e) deception; (f) subterfuge; (g) alteration of a prescription or written order for a controlled substance; or (h) use of a false name or address. (3) A violation of Subsection (2) is: (a) a class A misdemeanor on a first or second conviction; or (b) a third degree felony on a third or subsequent conviction. (4) (a) An actor may be charged and sentenced for a violation of this section, notwithstanding a charge and sentence for a violation of any other section of this part or Title 58, Chapter 37, Controlled Substances. (b) A penalty imposed for a violation of this section is in addition to, and not in lieu of, a civil or administrative penalty or sanction authorized by law. (c) Defenses and exemptions in Section 76-18-203 apply to this section. (d) A previous conviction used for a penalty enhancement under this section includes a conviction for an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of this section. (5) If a minor who is under 18 years old is found by a court to have violated this section, the court may order the minor to complete: (a) a screening as defined in Section 41-6a-501; (b) an assessment as defined in Section 41-6a-501 if the screening described in Subsection (5)(a) indicates that an assessment is appropriate; and (c) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (5)(b).