1. It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products to a child under the age of 18 years through the use of a computer network, telephonic network or other electronic network.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. Any money recovered pursuant to this section as a civil penalty must be deposited in the same manner as money is deposited pursuant to subsection 9 of NRS 370.521.
3. Every person who sells or distributes cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products through the use of a computer network, telephonic network or electronic network shall:
(a) Ensure that the packaging or wrapping of the items when they are shipped is clearly marked with the word "cigarettes" or, if the items being shipped are not cigarettes, the words "tobacco products."
(b) Perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes that the person is over the age of 18 years and use a method of mail, shipping or delivery that requires the signature of a person over the age of 18 years before the items are released to the purchaser, unless the person:
(1) Requires the customer to:
(I) Create an online profile or account with personal information, including, without limitation, a name, address, social security number and a valid phone number, that is verified through publicly available records; or
(II) Upload a copy of a government-issued identification card that includes a photograph of the customer; and
(2) Sends the package containing the items to the name and address of the customer who ordered the items.
(Added to NRS by 2001, 2787; A 2007, 2060; 2013, 1532; 2019, 3596, effective January 1, 2020)