Degree

Depending on the facts, surreptitious administration of certain substances can be charged as a class A misdemeanor, 2^nd degree felony, or a 3^rd degree felony.

Elements

A defendant commits a class A misdemeanor surreptitious administration of certain substances when surreptitiously or by means of fraud, deception, or misrepresentation, cause the victim to unknowingly consume or receive the administration of: a deleterious substance or any alcoholic beverage

A defendant commits a 3^rd degree felony surreptitious administration of certain substances when surreptitiously or by means of fraud, deception, or misrepresentation, cause the victim to unknowingly consume or receive the administration of: a controlled substance or a prescription drug.

A defendant commits a 2^nd degree felony surreptitious administration of certain substances when surreptitiously or by means of fraud, deception, or misrepresentation, cause the victim to unknowingly consume or receive the administration of: a poisonous substance, regardless of whether the substance is a controlled substance or a prescription drug.

Fine

3^rd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
2^nd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(b), Utah Code Ann. §51-9-401) Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor, 2^nd or 3^rd degree felony surreptitious administration of a certain substance must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Imprisonment

2^nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3^rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(2)) Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))

Firearms

A defendant convicted of a 2^nd or 3^rd degree felony surreptitious administration of a certain substance may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)