Title 16, Chapter 12, Section 171
( 16-12-171)
(a)(1) It shall be unlawful for any person knowingly to: (A) Sell or barter, directly or indirectly, any cigarettes or
tobacco related objects to a minor; (B) Purchase any cigarettes or tobacco related objects for any
minor unless the minor for whom the purchase is made is the
child of the purchaser; or (C) Advise, counsel, or compel any minor to smoke, inhale, chew,
or use cigarettes or tobacco related objects. (2)(A) The prohibition contained in paragraph (1) of this
subsection shall not apply with respect to sale of cigarettes,
tobacco products, or tobacco related objects by a person when
such person has been furnished with proper identification
showing that the person to whom the cigarettes, tobacco
products, or tobacco related objects are sold is 18 years of age
or older. (B) In any case where a reasonable or prudent person could
reasonably be in doubt as to whether or not the person to whom
cigarettes or tobacco related objects are to be sold or
otherwise furnished is actually 18 years of age or older, it
shall be the duty of the person selling or otherwise furnishing
such cigarettes or tobacco related objects to request to see and
to be furnished with proper identification as provided for in
subsection (b) of this Code section in order to verify the age
of such person. The failure to make such request and
verification in any case where the person to whom the cigarettes
or tobacco related objects are sold or otherwise furnished is
less than 18 years of age may be considered by the trier of fact
in determining whether the person selling or otherwise
furnishing such cigarettes or tobacco related objects did so
knowingly. (3) Any person who violates this subsection shall be guilty of a
misdemeanor. (b)(1) It shall be unlawful for any minor to: (A) Purchase any cigarettes or tobacco related objects; or (B) Misrepresent such minor's identity or age or use any false
identification for the purpose of purchasing or procuring any
cigarettes or tobacco related objects. (2) A minor who commits an offense provided for in paragraph (1)
of this subsection may be punished as follows: (A) By requiring the performance of community service not
exceeding 20 hours; (B) By requiring attendance at a publicly or privately sponsored
lecture or discussion on the health hazards of smoking or
tobacco use, provided such lecture or discussion is offered
without charge to the minor; or
(C) By a combination of the punishments described in
subparagraphs (A) and (B) of this paragraph. |