Violation as misdemeanor--Complete defense.

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34-46-5. Violation as misdemeanor--Complete defense.

A violation of §34-46-2 is a Class 2 misdemeanor. A person is not liable for more than one violation of subdivision 34-46-2(4) on a single day. Reasonable reliance upon proof of age of the purchaser or the recipient of a tobacco product is a complete defense to any action brought against a person for the sale or distribution of a tobacco product to a person under the age of twenty-one.

Source: SL 1994, ch 280, §5; SL 1999, ch 178, §1; SL 2020, ch 148, § 4.


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