(dissenting).
I dissent.
The defendant was charged by the complaint with having contributed to the delinquency of one L., a minor under the age of 18 years, by providing said minor with prescriptions allowing him an excessive quantity of depressant and stimulant drugs consisting of amphetamines' and barbiturates. The defendant was also charged in the complaint with aiding and encouraging the said juvenile to violate Section 58-17-14.13, U.C.A.1953, as amended, in that the said juvenile used a false name in procuring said drugs. It is claimed by the State that the defendant by these acts violated the provisions of Section 55-10-80 (1), U.C.A.1953, which reads in part as follows :
Offenses against children by adults— Jurisdiction of juvenile courts — Penalties. — The court shall have jurisdiction to try the following adults for offenses committed against children:
(1) Any person eighteen years of age or over who induces, aids, or encourages a child to violate any federal, state, or local law or municipal ordinance, or who tends to cause children to become or remain delinquent, or who aids, contributes to, or becomes responsible for the neglect or delinquency of any child;
* * * * *
shall be guilty of a misdemeanor * *
It is clear that the legislature intended to denounce two types of conduct on the part of an adult, namely, inducing, aiding, or encouraging a child to violate any law, and also conduct which would tend to cause a child to become or remain delinquent. In respect to the first proposition it would seem that the legislature by using the words, “induces, aids, or encourages,” intended that these acts be knowingly or intentionally done. As to the second part of the statute which prohibits conduct by an adult which tends to cause a child to become or remain delinquent, it is of course vague unless the meaning of the term, “delinquent,” is supplied from other sources.
Prior to 1965, Section 55-10-6, U.C.A. 1953, contained the following definition:
*371The words “delinquent child” include:
A child who has violated any state law or any ordinance or regulation of a subdivision of the state.
A child who by reason of being wayward or habitually disobedient is uncontrolled by his parent, guardian or custodian.
A child who is habitually truant from school or home.
A child who so deports himself as to injure or endanger the morals or health of himself or others.
In 1965, the legislature undertook to revise the statutes pertaining to juveniles and juvenile courts. The section above referred to defining the term “delinquent child,” was repealed and the legislature failed, perhaps by inadvertence, to incorporate in the new act a definition of “delinquency” or “delinquent child.” The offense of contributing to the delinquency of a minor was unknown to the common law and exists now only by reason of statutory provisions dealing with the subject.1
Without a statutory definition of the terms, “delinquency,” or “delinquent,” Section 55-10-80, U.C.A.1953, as amended, is subject to challenge on constitutional grounds for vagueness and because of that defect, fails to define a criminal offense,2 with the exception of that part of the statute which makes inducing, aiding or encouraging a child to violate a law an offense under the section above referred to. Our attention has not been directed to any decision of this court which defines the terms, “delinquent,” “delinquency” or “delinquent child,” without the aid of a statute, nor do we find other statutory definitions with the exception of Section 76-42-5, U.C.A.1953, as amended, which deals with the purchase and possession of tobacco by minors.
There is a strong public policy in favor of protecting children from acts which might encourage them to violate laws or engage in immoral conduct, nevertheless, there is also a public policy which requires that a penal statute be definite and certain to the end that one who would be law-abiding can find guidance from the language used. We are not asked to invalidate a statute but we are dealing with a void which resulted from the action of the legislature in deleting its prior definition of “delinquency” from the statutes.
In view of the treatment of the problems raised on this appeal it is apparent to me *372that the section of the statute under which the complaint was laid fails to state an offense insofar as the defendant is charged with contributing to the delinquency of a minor. It is likely that the statute is valid insofar as it relates to an adult inducing a juvenile in violating a law or aids and encourages such violation. However, as mentioned above, I am of the opinion that the legislature in its use of the language above referred to intended to punish only those who knowingly induce, aid, or encourage the commission of an offense.3 In this case, while it is uncontradicted that the minor used a false name and address in procuring the prescriptions from the defendant and in procuring the drugs authorized by the prescriptions, which acts are in violation of Section 58-33-1 (d), U.C.A.1953, as amended, nevertheless the record is devoid of evidence which would tend to show that the defendant knew that the minor was using a false name or address in obtaining the prescriptions. The State urges that an act in violation of the statute is malum prohibitum and therefore knowledge or intent need not be shown. I do not believe the legislature intended that result. Such a holding would require physicians and other practitioners of the healing arts to act at their peril in treating a patient by prescribing controlled drugs without first ascertaining the patient’s true name and address.
I would reverse.
CALLISTER, J., concurs in the dissenting opinion. HENRIOD, J., does not participate herein.. 43 C.J.S. Infants § 13, p. 69, and Infants § 98, p. 229.
. State v. Musser, 118 Utah 537, 223 P.2d 193; State v. Hodges, (Or.) 457 P.2d 491; Commonwealth of Pa. v. Randall, 183 Pa.Super. 603, 133 A.2d 270; Brockmueller v. Ariz., 86 Ariz. 82, 340 P.2d 992; Anderson v. State, (Alaska) 384 P.2d 669; State v. Roessler, 58 N.M. 102, 266 P.2d 351; State v. Barone, (Fla.) 124 So.2d 490; State v. Palmer, 232 Or. 300, 375 P.2d 243.
. State v. Cutshaw, 7 Ariz.App. 210, 437 P.2d 962, 973.