Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco 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) An individual who knowingly, intentionally, recklessly, or with criminal negligence provides a tobacco product, an electronic cigarette product, or a nicotine product to an individual who is under 21 years old, is guilty of:
(a) a class C misdemeanor on the first offense;
(b) a class B misdemeanor on the second offense; and
(c) a class A misdemeanor on any subsequent offense.
(3) This section does not apply to conduct of an employee of a tobacco retailer that is a violation of Section 76-10-114.