Providing tobacco paraphernalia to a minor -- Penalties.
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(1) As used in this section, "provides":
(a) includes selling, giving, furnishing, sending, or causing to be sent; and
(b) does not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others or the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's content.
(2)
(a) It is unlawful for an individual to knowingly, intentionally, recklessly, or with criminal negligence provide tobacco paraphernalia to an individual under 21 years old.
(b) An individual who violates this section is guilty of:
(i) a class C misdemeanor on the first offense; and
(ii) a class B misdemeanor on any subsequent offense.